Korczynski, W. v. Wes Lofts (Aust) Pty Ltd [1986] FCA 232

Korczynski, W. v. Wes Lofts (Aust) Pty Ltd [1986] FCA 232

The defendant was convicted and fined as the court found that the labeling of the masking tape as 'Made in Australia' constituted a contravention of s.53(a) of the Trade Practices Act 1974, even without proof of intentional dishonesty, given the defendant's failure to properly ascertain the lawfulness of the representation.

Parties
Prosecutor: Walter Korczynski; Defendant: Wes Lofts (Aust.) Pty. Ltd.
Jurisdiction
Australia
Judgment Date
19 June 1986
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
conviction and sentencing
Legal Topics
Misleading or Deceptive Conduct, Labeling Offences
Trade Practices Misleading or Deceptive Conduct Labeling Offences

Case Brief

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Parties

Walter Korczynski

Prosecutor

Wes Lofts (Aust.) Pty. Ltd.

Defendant

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 Whether the defendant contravened s.53(a) of the Trade Practices Act 1974 by labeling masking tape 'Made in Australia' when it was not.

Ratio Decidendi

The defendant was convicted and fined as the court found that the labeling of the masking tape as 'Made in Australia' constituted a contravention of s.53(a) of the Trade Practices Act 1974, even without proof of intentional dishonesty, given the defendant's failure to properly ascertain the lawfulness of the representation.

Court Disposition

conviction and sentencing

Orders

  • The defendant be convicted on each information.
  • The defendant pay a fine of $750 on each information.