Larmer, Lawrence OHara v Purcell, Malcolm John Purcell, John Barry Dome Lighting Products Pty Ltd [1978] FCA 27

Larmer, Lawrence OHara v Purcell, Malcolm John Purcell, John Barry Dome Lighting Products Pty Ltd [1978] FCA 27

The making of false representations by a company and its directors that electrical appliances were approved by the relevant authorities, when approval had not been given, constitutes a serious breach of s.53(c) of the Trade Practices Act 1974, warranting conviction and the imposition of fines proportionate to the offenders' circumstances and capacity to pay.

Parties
Informant: Lawrence O'Hara Larmer; Defendant: Dome Lighting Products Pty. Ltd.; Defendant: Malcolm John Purcell; Defendant: John Barry Purcell
Jurisdiction
Australia
Judgment Date
18 April 1978
Procedural Posture
Criminal (summary Prosecution in Federal Court) / Sentence After Pleas of Guilty
Outcome
Convictions on pleas of guilty; fines and costs imposed
Legal Topics
Misrepresentation as to Approval of Goods, Penalty for Contravention of S.53(c) Trade Practices Act
Trade Practices Misrepresentation as to Approval of Goods Penalty for Contravention of S.53(c) Trade Practices Act

Case Brief

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Parties

Lawrence O'Hara Larmer

Informant

Dome Lighting Products Pty. Ltd.

Defendant

Malcolm John Purcell

Defendant

John Barry Purcell

Defendant

Procedural Posture

Criminal (summary Prosecution in Federal Court) / Sentence After Pleas of Guilty

Legal Issues

  1. 1 Whether Dome Lighting Products Pty. Ltd., Malcolm John Purcell, and John Barry Purcell contravened s.53(c) of the Trade Practices Act 1974 by falsely representing electrical goods as approved by the authorities
  2. 2 Appropriate penalty in the circumstances of the offenders

Ratio Decidendi

The making of false representations by a company and its directors that electrical appliances were approved by the relevant authorities, when approval had not been given, constitutes a serious breach of s.53(c) of the Trade Practices Act 1974, warranting conviction and the imposition of fines proportionate to the offenders' circumstances and capacity to pay.

Court Disposition

Convictions on pleas of guilty; fines and costs imposed

Orders

  • Dome Lighting Products Pty Ltd convicted on 13 charges; fined $1,550 total (itemised), pay informant's costs in each case
  • Malcolm John Purcell convicted on 13 charges; fined $990 total (itemised), pay informant's costs, payment at $20 per week from 25 April 1978