Moran and Cato Pty Ltd v Cantlon [1914] HCA 60

Moran and Cato Pty Ltd v Cantlon [1914] HCA 60

The word 'issue' in sec. 3 of the Trading Stamps Act 1901 refers to a person making a promise on their own behalf, not to a retailer merely passing on a manufacturer's coupon; therefore, the defendants were not 'traders' who issued trading stamps to customers within the meaning of the Act.

Parties
Appellants; Defendants: Moran & Cato Proprietary Limited; Respondent; Informant: Joseph Adam Cantlon
Jurisdiction
Australia
Judgment Date
20 October 1914
Procedural Posture
Appeal / On Appeal From Supreme Court of Victoria, Following Order Nisi to Review, Appeal to High Court by Special Leave
Outcome
appeal allowed
Legal Topics
Trading Stamps, Issue of Coupons, Distribution Chain Liability, Interpretation of 'trader' and 'issue' Under Statute
Statutory Interpretation Criminal Law Commercial Law Trading Stamps Issue of Coupons Distribution Chain Liability Interpretation of 'trader' and 'issue' Under Statute

Case Brief

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Parties

Moran & Cato Proprietary Limited

Appellants; Defendants

Joseph Adam Cantlon

Respondent; Informant

Procedural Posture

Appeal / On Appeal From Supreme Court of Victoria, Following Order Nisi to Review, Appeal to High Court by Special Leave

Legal Issues

  1. 1 Whether a retailer who supplies coupons placed in goods by a manufacturer 'issues trading stamps' within the meaning of sec. 3 of the Trading Stamps Act 1901 (Vic).
  2. 2 Interpretation of 'issue', 'trader', and 'trading stamp' under the Act.

Ratio Decidendi

The word 'issue' in sec. 3 of the Trading Stamps Act 1901 refers to a person making a promise on their own behalf, not to a retailer merely passing on a manufacturer's coupon; therefore, the defendants were not 'traders' who issued trading stamps to customers within the meaning of the Act.

Court Disposition

appeal allowed

Orders

  • Judgment appealed from discharged.
  • Order nisi discharged with costs.