Hollis, L.S. v. P.H. & D. Stephens Investments Pty Ltd [1985] FCA 358

Hollis, L.S. v. P.H. & D. Stephens Investments Pty Ltd [1985] FCA 358

The defendant's employees replaced the odometers in both vehicles with odometers showing substantially fewer kilometres, the vehicles were then displayed and sold without disclosure of the replacement or alteration, and the displayed odometer readings represented to prospective purchasers the distance travelled. Because distance travelled is part of a vehicle's particular history for s.53(a), the defendant falsely represented that each vehicle had had a particular history and the elements of both informations were proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
10 May 1985
Procedural Posture
Two Prosecutions Under the Trade Practices Act 1974 Arising Out of Alleged Contraventions of S.53(a) / Both Prosecutions Heard Together by Consent; Judgment Resulting in Conviction
Outcome
The defendant was convicted in respect of both informations.
Legal Topics
['false Representations in Connection With Supply of Goods' 'used Motor Vehicles' 'odometer Readings' 'particular History of Goods' 'statutory Defences']
['trade Practices' 'consumer Protection'] ['false Representations in Connection With Supply of Goods' 'used Motor Vehicles' 'odometer Readings' 'particular History of Goods' 'statutory Defences']

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Procedural Posture

Two Prosecutions Under the Trade Practices Act 1974 Arising Out of Alleged Contraventions of S.53(a) / Both Prosecutions Heard Together by Consent; Judgment Resulting in Conviction

Legal Issues

  1. 1 ['Whether an inaccurate odometer reading displayed on a used vehicle in a car yard constituted a representation that the vehicle had travelled the distance shown.' 'Whether a representation as to the distance travelled by a vehicle was a representation that goods had had a particular history for the purposes of s.53(a) of the Trade Practices Act 1974.' 'Whether alleged variances concerning the vehicle registration number, date, and precise odometer reading affected proof of the informations.']

Ratio Decidendi

The defendant's employees replaced the odometers in both vehicles with odometers showing substantially fewer kilometres, the vehicles were then displayed and sold without disclosure of the replacement or alteration, and the displayed odometer readings represented to prospective purchasers the distance travelled. Because distance travelled is part of a vehicle's particular history for s.53(a), the defendant falsely represented that each vehicle had had a particular history and the elements of both informations were proved beyond reasonable doubt.

Court Disposition

The defendant was convicted in respect of both informations.

Orders

  • ['The defendant be convicted in respect of both informations.']