Clarke, Peter Geoffrey Webber v. New Concept Import Services Pty Ltd [1981] FCA 217

Clarke, Peter Geoffrey Webber v. New Concept Import Services Pty Ltd [1981] FCA 217

The defendant corporation supplied goods containing substances banned by a ministerial notice, in trade or commerce, to be used by consumers. The goods are 'unsafe goods' within the meaning of s.62(1)(b) of the Trade Practices Act 1974, and the transaction (sale to be used as children's prizes) is captured by the section. The supply breaches s.62(1) regardless of whether delivered as prizes or commercial sale; value or manner of transfer does not exclude operation of the section.

Parties
Prosecutor: Peter Geoffrey Webber Clarke; Defendant: New Concept Import Services Pty. Ltd.
Jurisdiction
Australia
Judgment Date
27 August 1981
Procedural Posture
Criminal Prosecution / Conviction and Adjournment Before Sentence
Outcome
Defendant convicted of the offence charged.
Legal Topics
Unsafe Goods, Interpretation of Statutory Notices, Meaning of Consumer Transaction
Trade Practices Law Consumer Law Unsafe Goods Interpretation of Statutory Notices Meaning of Consumer Transaction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Peter Geoffrey Webber Clarke

Prosecutor

New Concept Import Services Pty. Ltd.

Defendant

Procedural Posture

Criminal Prosecution / Conviction and Adjournment Before Sentence

Legal Issues

  1. 1 Whether the goods supplied fell within the description of 'unsafe goods' under the Trade Practices Act 1974 and ministerial notice
  2. 2 Whether the supply constituted supplying goods likely to be used by a consumer under s.62(1)(b)
  3. 3 Whether the meaning of 'consumer' in s.62(1) applies to the transaction in question

Ratio Decidendi

The defendant corporation supplied goods containing substances banned by a ministerial notice, in trade or commerce, to be used by consumers. The goods are 'unsafe goods' within the meaning of s.62(1)(b) of the Trade Practices Act 1974, and the transaction (sale to be used as children's prizes) is captured by the section. The supply breaches s.62(1) regardless of whether delivered as prizes or commercial sale; value or manner of transfer does not exclude operation of the section.

Court Disposition

Defendant convicted of the offence charged.

Orders

  • The defendant be convicted of the offence charged.
  • The further hearing of the proceedings be adjourned to Wednesday, 30 September 1981, at 9.30 a.m.