Korczynski, W. v. Wes Lofts (Aust) Pty Ltd [1985] FCA 552

Korczynski, W. v. Wes Lofts (Aust) Pty Ltd [1985] FCA 552

Each information was proved because the words "Made In Australia" on the packaged masking tape represented that the rolls had the particular history of being made in Australia; for masking tape, that representation meant at least that the operations making the paper adhesive and inadhesive on the respective sides were carried out in Australia. Those operations occurred in the United States of America, and the defendant's Australian work of unwinding, slitting and re-winding imported large rolls into small retail rolls did not make the representation true. The defendant was responsible for the representations made through the retail display and sale of the goods, and it was not necessary...

Jurisdiction
Australia
Judgment Date
31 October 1985
Procedural Posture
Prosecution for Offences Alleged to Have Been Committed by Contravention of S.53(a) of the Trade Practices Act 1974 / Trial of Eight Informations; Reasons on Proof of the Informations Before Penalties
Outcome
Each information has been proved; evidence and submissions concerning penalties were deferred; the further hearing was adjourned to a date to be fixed.
Legal Topics
['false Representation That Goods Have a Particular History' 'country of Origin Representations' 'made in Australia Claims' 'supply and Promotion of Supply of Goods' 'actus Reus and Complicity']
['trade Practices' 'consumer Protection' 'criminal Law'] ['false Representation That Goods Have a Particular History' 'country of Origin Representations' 'made in Australia Claims' 'supply and Promotion of Supply of Goods' 'actus Reus and Complicity']

Case Brief

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Procedural Posture

Prosecution for Offences Alleged to Have Been Committed by Contravention of S.53(a) of the Trade Practices Act 1974 / Trial of Eight Informations; Reasons on Proof of the Informations Before Penalties

Legal Issues

  1. 1 ['Whether the words "Made In Australia" on packaged rolls of masking tape represented that the goods had a particular history, namely that they had been made in Australia.' 'Whether that representation was false where large rolls of masking tape were manufactured in the United States of America and in Australia were unwound, slit and re-wound into small rolls and packaged for retail sale.' 'Whether the defendant made the representations in connection with the supply or promotion of supply of goods where the goods were displayed and sold by retail shopkeepers, including Target Australia Pty. Ltd.' 'Whether it was an element of the offences that the representation appear to consumers to be the representation of the defendant as an identifiable maker or vendor.']

Ratio Decidendi

Each information was proved because the words "Made In Australia" on the packaged masking tape represented that the rolls had the particular history of being made in Australia; for masking tape, that representation meant at least that the operations making the paper adhesive and inadhesive on the respective sides were carried out in Australia. Those operations occurred in the United States of America, and the defendant's Australian work of unwinding, slitting and re-winding imported large rolls into small retail rolls did not make the representation true. The defendant was responsible for the representations made through the retail display and sale of the goods, and it was not necessary...

Court Disposition

Each information has been proved; evidence and submissions concerning penalties were deferred; the further hearing was adjourned to a date to be fixed.

Orders

  • ['The further hearing of the informations is adjourned to a date to be fixed.']