Brian Alexander Given v C.V. Holland (Holdings) Pty Ltd [1977] FCA 33

The display of a false odometer reading by a used car dealer is a false representation of a particular quality within the meaning of s.53(a) of the Trade Practices Act. Liability is strict: no requirement of mens rea or knowledge by the corporation. None of the statutory defences under s.85 were made out. The company was therefore convicted.

Parties: Informant: Brian Alexander Given; Defendant: C.V. Holland (Holdings) Pty Ltd
Jurisdiction: Australia
Judgment Date: 23 June 1977
Procedural Posture: Criminal Prosecution / Judgment
Outcome: Defendant convicted.
Legal Topics: False or Misleading Representations, Strict Liability of Corporations, Definition of Quality Under Trade Practices Act, Odometer Tampering, Defences Under Trade Practices Act

Consumer Law Trade Practices Criminal Law False or Misleading Representations Strict Liability of Corporations Definition of Quality Under Trade Practices Act Odometer Tampering Defences Under Trade Practices Act

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Parties

Brian Alexander Given

Informant

C.V. Holland (Holdings) Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Judgment

Legal Issues

1 Whether displaying an incorrect odometer reading constitutes a false representation of particular quality under s.53(a) of the Trade Practices Act 1974-1976
2 Whether 'mens rea' is required for an offence under s.53(a)
3 Who may be held liable in a corporation for such an offence

Ratio Decidendi

Court Disposition

Defendant convicted.