Brown, R.M. v Greg Cotton Motors Pty Ltd [1987] FCA 536

Brown, R.M. v Greg Cotton Motors Pty Ltd [1987] FCA 536

The defendant, through its servant Mr. Heffernan, was responsible for the advertisement and failed to offer the car for supply at the advertised price within a reasonable period and quantity, contrary to s 56(2) of the Trade Practices Act. The acts and instructions of Mr. Heffernan are attributed to the corporate defendant. The evidence showed repeated avoidance and obfuscation regarding the availability of the car at the advertised price.

Parties
Prosecutor: Rodney Michael Brown; Defendant: Greg Cotton Motors Pty. Ltd.
Jurisdiction
Australia
Judgment Date
02 October 1987
Procedural Posture
Criminal Prosecution Under Trade Practices Act / Judgment and Sentence
Outcome
Summons VG 316 of 1986 dismissed; Defendant convicted and fined on summons VG 317 of 1986; Costs awarded to prosecutor.
Legal Topics
Misleading Advertising, Supply at Advertised Price
Trade Practices Law Misleading Advertising Supply at Advertised Price

Case Brief

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Parties

Rodney Michael Brown

Prosecutor

Greg Cotton Motors Pty. Ltd.

Defendant

Procedural Posture

Criminal Prosecution Under Trade Practices Act / Judgment and Sentence

Legal Issues

  1. 1 Whether the defendant breached s 56(1) or s 56(2) of the Trade Practices Act 1974 by failing to offer goods for supply at the advertised price and period/quantity as required.

Ratio Decidendi

The defendant, through its servant Mr. Heffernan, was responsible for the advertisement and failed to offer the car for supply at the advertised price within a reasonable period and quantity, contrary to s 56(2) of the Trade Practices Act. The acts and instructions of Mr. Heffernan are attributed to the corporate defendant. The evidence showed repeated avoidance and obfuscation regarding the availability of the car at the advertised price.

Court Disposition

Summons VG 316 of 1986 dismissed; Defendant convicted and fined on summons VG 317 of 1986; Costs awarded to prosecutor.

Orders

  • Summons VG 316 of 1986 be dismissed.
  • Defendant convicted of the charge in VG 317 of 1986 and fined $6,000 payable within 21 days.