Doherty, A.P. v Traveland Pty Ltd & Anor [1981] FCA 231

Doherty, A.P. v Traveland Pty Ltd & Anor [1981] FCA 231

The Court held that as the nature of the amendments sought concerns details of the alleged conduct and does not alter the identification of the offence with which the Minister consented to charge, leave to amend the information and summons should be granted pursuant to s.21A of the Crimes Act 1914; no injustice would be caused and the proceedings were not void for want of jurisdiction.

Parties
Prosecutor: Anthony Paul Doherty; Defendant: Traveland Pty. Limited; Defendant: Associated Travel Pty. Ltd.
Jurisdiction
Australia
Judgment Date
09 December 1981
Procedural Posture
Criminal Prosecution (trade Practices Act Offences) / Application for Leave to Amend Informations and Summonses; Dismissal Motions by Defendant
Outcome
Leave to amend granted; defendant's Notice of Motion to dismiss dismissed
Legal Topics
Amendment of Information and Summons, Ministerial Consent for Prosecution, Jurisdictional Defects, Misleading or Deceptive Conduct
Trade Practices Law Criminal Law Consumer Protection Amendment of Information and Summons Ministerial Consent for Prosecution Jurisdictional Defects Misleading or Deceptive Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony Paul Doherty

Prosecutor

Traveland Pty. Limited

Defendant

Associated Travel Pty. Ltd.

Defendant

Procedural Posture

Criminal Prosecution (trade Practices Act Offences) / Application for Leave to Amend Informations and Summonses; Dismissal Motions by Defendant

Legal Issues

  1. 1 Whether leave should be granted to amend the informations and summonses to bring them into line with the Minister's consent under s.163(4)(b) of the Trade Practices Act 1974
  2. 2 Whether the departures from the Minister's consent in the information and summons are fatal to the Court's jurisdiction
  3. 3 Whether the information and summons fail to disclose an offence known to law due to omission of essential elements

Ratio Decidendi

The Court held that as the nature of the amendments sought concerns details of the alleged conduct and does not alter the identification of the offence with which the Minister consented to charge, leave to amend the information and summons should be granted pursuant to s.21A of the Crimes Act 1914; no injustice would be caused and the proceedings were not void for want of jurisdiction.

Court Disposition

Leave to amend granted; defendant's Notice of Motion to dismiss dismissed

Orders

  • Leave to the prosecutor to amend the information and summons in each proceeding as set out in the Notices of Motion
  • Liberty to apply to settle the terms of each order