Trade Practices Commission v Cue Design Pty Ltd & Anor [1996] FCA 192

Trade Practices Commission v Cue Design Pty Ltd & Anor [1996] FCA 192

The natural and probable consequence of dual-priced swing tags was that the public would assume garments had previously been offered for sale at a higher price. The defendants, as experienced retailers, must have had reasonable cause to believe this. The breaches were serious, widespread, and not merely technical or accidental, which warranted convictions and penalties rather than relief under s19B Crimes Act. Publicity about the prosecution, being accurate and moderate, did not justify reducing penalties. The two defendants were treated as one offender for penalty, but with fines apportioned equally.

Jurisdiction
Australia
Judgment Date
22 March 1996
Procedural Posture
Criminal Prosecution / Sentence and Imposition of Penalty
Outcome
Convictions recorded and fines imposed on both defendants; joint order to pay prosecutor's costs.
Legal Topics
['misleading Price Representation' 'corporate Offences' 'sentencing' 'consumer Protection' 'dual Pricing' 'section 53(e) Trade Practices Act']
['trade Practices' 'criminal Law'] ['misleading Price Representation' 'corporate Offences' 'sentencing' 'consumer Protection' 'dual Pricing' 'section 53(e) Trade Practices Act']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentence and Imposition of Penalty

Legal Issues

  1. 1 ['Whether the defendants made false or misleading representations with respect to the price of goods contrary to s53(e) of the Trade Practices Act 1974 (Cth)' 'Whether the offences were of sufficient seriousness to warrant convictions and fines, or whether s19B Crimes Act 1914 (Cth) should be applied to avoid convictions' 'The impact of prosecutorial publicity on penalty']

Ratio Decidendi

The natural and probable consequence of dual-priced swing tags was that the public would assume garments had previously been offered for sale at a higher price. The defendants, as experienced retailers, must have had reasonable cause to believe this. The breaches were serious, widespread, and not merely technical or accidental, which warranted convictions and penalties rather than relief under s19B Crimes Act. Publicity about the prosecution, being accurate and moderate, did not justify reducing penalties. The two defendants were treated as one offender for penalty, but with fines apportioned equally.

Court Disposition

Convictions recorded and fines imposed on both defendants; joint order to pay prosecutor's costs.

Orders

  • ['Convictions recorded against Cue Design Pty Ltd and Cue & Co Pty Ltd on 30 counts.' 'Fine of $37,500 imposed on Cue Design Pty Ltd.' 'Fine of $37,500 imposed on Cue & Co Pty Ltd.' 'Fines to be paid within three calendar months; in default, distress.' 'Cue Design Pty Ltd and Cue & Co Pty Ltd to jointly pay costs of...