Given, Brian Alexander v C.V. Holland (Holdings) Pty Ltd [1977] FCA 41

Given, Brian Alexander v C.V. Holland (Holdings) Pty Ltd [1977] FCA 41

A fine of $4,000 was appropriate because the defendant falsely represented that the car was of a quality it was not, a prospective purchaser expecting a vehicle that had travelled 23,700 miles acquired one that had travelled 69,000 miles, and there was no evidence that the defendant had instituted any method of checking or attempting to ensure that speedometer readings on cars displayed for sale accurately recorded the readings when the vehicles were traded in. The successful informant was entitled to costs under the usual rule.

Jurisdiction
Australia
Judgment Date
21 July 1977
Procedural Posture
Proceeding for Contravention of Part V of the Trade Practices Act, 1974 1976 / Reasons for Judgment on Fine and Costs After the Offence Was Found Proved
Outcome
Defendant convicted, fined $4,000, and ordered to pay the informant's costs to be taxed if not agreed.
Legal Topics
['false Representation' 'used Motor Vehicle Mileage' 'penalty' 'costs']
['consumer Protection' 'trade Practices'] ['false Representation' 'used Motor Vehicle Mileage' 'penalty' 'costs']

Case Brief

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Procedural Posture

Proceeding for Contravention of Part V of the Trade Practices Act, 1974 1976 / Reasons for Judgment on Fine and Costs After the Offence Was Found Proved

Legal Issues

  1. 1 ['What fine should be imposed after the defendant falsely represented the quality of a used car by displaying an incorrect mileage.' 'Whether the successful informant should receive costs.']

Ratio Decidendi

A fine of $4,000 was appropriate because the defendant falsely represented that the car was of a quality it was not, a prospective purchaser expecting a vehicle that had travelled 23,700 miles acquired one that had travelled 69,000 miles, and there was no evidence that the defendant had instituted any method of checking or attempting to ensure that speedometer readings on cars displayed for sale accurately recorded the readings when the vehicles were traded in. The successful informant was entitled to costs under the usual rule.

Court Disposition

Defendant convicted, fined $4,000, and ordered to pay the informant's costs to be taxed if not agreed.

Orders

  • ['Defendant is convicted.' 'Defendant to pay a fine of $4,000.' "Defendant to pay the informant's costs; costs to be taxed if not agreed."]