Larmer, Lawrence O'Hara v Power Machinery Pty Ltd [1977] FCA 21

Larmer, Lawrence O'Hara v Power Machinery Pty Ltd [1977] FCA 21

The defendant company contravened section 53(c) of the Trade Practices Act 1974 by falsely representing in advertising brochures that certain models of welders were covered by a certificate of suitability when they were not. Such representations, made in the course of advertising and business dealings with agents and displayed in their premises, occurred 'in trade or commerce' and in connection with the promotion by advertising of the supply of those goods.

Parties
Informant: Lawrence O'Hara Larmer; Defendant: Power Machinery Proprietary Limited
Jurisdiction
Australia
Judgment Date
13 May 1977
Procedural Posture
Criminal Prosecution for Civil Penalty / Judgment and Orders After Finding of Contravention
Outcome
Defendant found to have contravened section 53(c) of the Trade Practices Act 1974 and ordered to pay penalties and costs.
Legal Topics
Misleading or Deceptive Conduct, False or Misleading Representations in Trade or Commerce, Section 53(c) Trade Practices Act 1974
Trade Practices Law Consumer Law Misleading or Deceptive Conduct False or Misleading Representations in Trade or Commerce Section 53(c) Trade Practices Act 1974

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Parties

Lawrence O'Hara Larmer

Informant

Power Machinery Proprietary Limited

Defendant

Procedural Posture

Criminal Prosecution for Civil Penalty / Judgment and Orders After Finding of Contravention

Legal Issues

  1. 1 Whether the defendant company contravened section 53(c) of the Trade Practices Act 1974 by representing that its welders had a certificate of suitability they did not have.
  2. 2 Whether the representations were made in trade or commerce in connection with the promotion by advertising of the supply of goods.

Ratio Decidendi

The defendant company contravened section 53(c) of the Trade Practices Act 1974 by falsely representing in advertising brochures that certain models of welders were covered by a certificate of suitability when they were not. Such representations, made in the course of advertising and business dealings with agents and displayed in their premises, occurred 'in trade or commerce' and in connection with the promotion by advertising of the supply of those goods.

Court Disposition

Defendant found to have contravened section 53(c) of the Trade Practices Act 1974 and ordered to pay penalties and costs.

Orders

  • The Defendant pay a penalty of $1,000 in respect of the first contravention of section 53(c) of the Trade Practices Act 1974.
  • The Defendant pay a penalty of $2,000 in respect of each of the second and third contraventions of section 53(c) of the Trade Practices Act 1974.