Brown, R.M. v. Greg Cotton Motors Pty Ltd [1986] FCA 462

Brown, R.M. v. Greg Cotton Motors Pty Ltd [1986] FCA 462

It is the alleged failure to make the specified offer on the specified occasion, and not any other circumstance (such as the detailed substance of the conversation), that is alleged to tend to show the absence of the requisite intention. As the particulars already identify the relevant conversations and occasions, nothing further is necessary for the defendant to apprehend or prepare to meet the case. No occasion has been shown to order particulars of the substance of the conversations.

Parties
Prosecutor: Rodney Michael Brown; Defendant: Greg Cotton Motors Pty. Ltd.
Jurisdiction
Australia
Judgment Date
17 October 1986
Procedural Posture
Criminal Prosecution / Application for Particulars of the Charge
Outcome
Application for further particulars refused
Legal Topics
Particulars of Offences, Bait Advertising, Trade Practices Act S.56
Practice and Procedure Trade Practices Law Criminal Law Particulars of Offences Bait Advertising Trade Practices Act S.56

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Parties

Rodney Michael Brown

Prosecutor

Greg Cotton Motors Pty. Ltd.

Defendant

Procedural Posture

Criminal Prosecution / Application for Particulars of the Charge

Legal Issues

  1. 1 Whether the substance of a conversation between named persons constitutes a 'particular' required to be disclosed in criminal prosecutions under the Trade Practices Act

Ratio Decidendi

It is the alleged failure to make the specified offer on the specified occasion, and not any other circumstance (such as the detailed substance of the conversation), that is alleged to tend to show the absence of the requisite intention. As the particulars already identify the relevant conversations and occasions, nothing further is necessary for the defendant to apprehend or prepare to meet the case. No occasion has been shown to order particulars of the substance of the conversations.

Court Disposition

Application for further particulars refused