Australian Competition & Consumer Commission v NuEra Wellness Centre Pty Ltd [2008] FCA 436

Given the serious nature of Micheal Rana's conduct as director, the appropriate penalty for failure to comply with the s 155 notice is conviction and a fine of $6000.

Parties: Prosecutor: Australian Competition and Consumer Commission; Defendant: NuEra Wellness Centre Pty Ltd
Jurisdiction: Australia
Judgment Date: 20 March 2008
Procedural Posture: Criminal / Sentencing
Outcome: conviction and fine imposed
Legal Topics: Sentencing Failure to Comply With Notice, Trade Practices Act 1974 (cth) S 155

Criminal Law Competition Law Sentencing Failure to Comply With Notice Trade Practices Act 1974 (cth) S 155

Case Brief

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Parties

Australian Competition and Consumer Commission

Prosecutor

NuEra Wellness Centre Pty Ltd

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether NuEra Wellness Centre Pty Ltd failed to comply with a notice under s 155(1) of the Trade Practices Act 1974 (Cth)
2 Appropriate penalty for that failure

Ratio Decidendi

Given the serious nature of Micheal Rana's conduct as director, the appropriate penalty for failure to comply with the s 155 notice is conviction and a fine of $6000.

Court Disposition

conviction and fine imposed

Orders

NuEra Wellness Centre Pty Ltd is convicted of failing to comply with s 155(5)(a) of the Trade Practices Act 1974 (Cth).
NuEra Wellness Centre Pty Ltd is fined $6000 for that offence.