Australian Competition & Consumer Commission v Murray (No. 2) [2003] FCA 47

Australian Competition & Consumer Commission v Murray (No. 2) [2003] FCA 47

Substantial fines and compensation orders are warranted due to the gravity and continuance of the defendants' contraventions under s 59(2) of the Trade Practices Act, the harm caused to complainants, and the lack of contrition or adequate financial disclosure by the defendants. Impecuniosity not established to reduce penalties. Injunction appropriate to prevent future misleading conduct.

Parties
Prosecutor: Australian Competition and Consumer Commission; Defendant: Sidney James Murray; Defendant: Will Writers Guild Pty Ltd
Jurisdiction
Australia
Judgment Date
07 February 2003
Procedural Posture
Penalty Proceeding for Breaches of Trade Practices Act / Sentencing and Orders After Liability Judgment
Outcome
Convictions on all counts, fines imposed, compensation orders made, partial refusal of one compensation claim, injunction granted, costs awarded to prosecutor.
Legal Topics
Penalties for Misleading Conduct, Federal Offences, Contravention of S 59 Trade Practices Act, Compensation Orders, Injunctions Against Misleading Conduct
Competition and Consumer Law Criminal Law Penalties for Misleading Conduct Federal Offences Contravention of S 59 Trade Practices Act Compensation Orders Injunctions Against Misleading Conduct

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Parties

Australian Competition and Consumer Commission

Prosecutor

Sidney James Murray

Defendant

Will Writers Guild Pty Ltd

Defendant

Procedural Posture

Penalty Proceeding for Breaches of Trade Practices Act / Sentencing and Orders After Liability Judgment

Legal Issues

  1. 1 What is the appropriate penalty in light of proven contraventions of s 59(2) of the Trade Practices Act 1974 (Cth)?
  2. 2 Are compensation orders to be made under s 87(1) to the complainants?
  3. 3 Should an injunction restrain the defendants from certain conduct be granted?

Ratio Decidendi

Substantial fines and compensation orders are warranted due to the gravity and continuance of the defendants' contraventions under s 59(2) of the Trade Practices Act, the harm caused to complainants, and the lack of contrition or adequate financial disclosure by the defendants. Impecuniosity not established to reduce penalties. Injunction appropriate to prevent future misleading conduct.

Court Disposition

Convictions on all counts, fines imposed, compensation orders made, partial refusal of one compensation claim, injunction granted, costs awarded to prosecutor.

Orders

  • Sidney James Murray convicted on all counts and fined $15,000 on each of counts 1 and 2 and $10,000 on each of counts 3, 4, 5 and 6.
  • Will Writers Guild Pty Ltd convicted on all counts and fined $7,500 on each of counts 1 and 2 and $5,000 on each of counts 3, 4, 5 and 6.