Button, G. v Suregold Pty Ltd [1988] FCA 316

Button, G. v Suregold Pty Ltd [1988] FCA 316

The defendants, having pleaded guilty, supplied bicycles without required assembly manuals and with substantial defects breaching prescribed safety standards under the Trade Practices Act; penalties imposed reflect the significant risk to consumers, the defendants' degree of carelessness, and limited mitigation from financial or other personal circumstances, to ensure general deterrence and uphold statutory consumer protections.

Jurisdiction
Australia
Judgment Date
17 June 1988
Procedural Posture
Criminal Prosecution / Penalty Determination Following Guilty Plea
Outcome
Penalties imposed; costs to prosecution
Legal Topics
['contravention of Consumer Product Safety Standard' 'penalties Under Trade Practices Act' 'accessory Liability' 'product Compliance Standards']
['trade Practices' 'consumer Protection' 'product Safety' 'criminal Law'] ['contravention of Consumer Product Safety Standard' 'penalties Under Trade Practices Act' 'accessory Liability' 'product Compliance Standards']

Case Brief

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Procedural Posture

Criminal Prosecution / Penalty Determination Following Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate penalty for the supply of bicycles in contravention of prescribed consumer product safety standards?' 'What mitigating or aggravating factors should be taken into account when fixing penalty in such cases?']

Ratio Decidendi

The defendants, having pleaded guilty, supplied bicycles without required assembly manuals and with substantial defects breaching prescribed safety standards under the Trade Practices Act; penalties imposed reflect the significant risk to consumers, the defendants' degree of carelessness, and limited mitigation from financial or other personal circumstances, to ensure general deterrence and uphold statutory consumer protections.

Court Disposition

Penalties imposed; costs to prosecution

Orders

  • ['Suregold Pty Ltd fined $5,000 on the first count and $3,000 on the second count, payable to the Registrar within 28 days.' 'Stephen Panagopoulos fined $2,000 on the first count and $1,000 on the second count, payable to the Registrar within 28 days.' 'John Bowden Buzza fined $2,500 on the first count and $1,500 on...