Australian Competition & Consumer Commission v Nordic Lust Pty Ltd [1996] FCA 589

All elements of the statutory offence under s 65C(1) were established beyond reasonable doubt, and no statutory defence was made out on the evidence; therefore, the defendant was convicted.

Jurisdiction: Australia
Judgment Date: 16 July 1996
Procedural Posture: Criminal Prosecution / Judgment After Plea and Evidence
Outcome: Conviction recorded against defendant; matter adjourned for submissions on penalty.
Legal Topics: ['product Safety' 'supply of Goods' 'liability of Corporations' 'statutory Defences']

['trade Practices' 'consumer Law'] ['product Safety' 'supply of Goods' 'liability of Corporations' 'statutory Defences']

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Procedural Posture

Criminal Prosecution / Judgment After Plea and Evidence

Legal Issues

1 ['Whether the defendant, a corporation, supplied goods in trade or commerce that were subject to a prescribed consumer product safety standard and failed to comply with that standard, contrary to s 65C(1) of the Trade Practices Act 1974 (Cth).']

Ratio Decidendi

All elements of the statutory offence under s 65C(1) were established beyond reasonable doubt, and no statutory defence was made out on the evidence; therefore, the defendant was convicted.

Court Disposition

Conviction recorded against defendant; matter adjourned for submissions on penalty.

Orders

['A conviction be recorded against the defendant.' 'Further consideration of this matter be adjourned to a date to be fixed.' "Either party to be at liberty to apply on seven day's notice."]