COMMERCE COMMISSION v STEEL & TUBE HOLDINGS LTD [2019] NZHC 2209
The High Court held the District Court sentences were manifestly inadequate and set them aside, imposing specific fines for each offence as specified in the court's schedule consistent with statutory maxima.
Source-derived case information.
- Citation
- [2019] NZHC 2209
- Parties
- Appellant: Commerce Commission; Respondent: Steel & Tube Holdings Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 5 September 2019
- Procedural Posture
- Appeal Against District Court Sentencing Decision / High Court Supplementary Judgment (appeal)
- Outcome
- District Court sentences set aside as manifestly inadequate; fines imposed by the High Court as per the attached schedule of CRNs and amounts.
- Legal Topics
- Penalties, Fines, Manifestly Inadequate Sentence, Allocation of Fines
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commerce Commission
Appellant
Steel & Tube Holdings Limited
Respondent
Procedural Posture
Appeal Against District Court Sentencing Decision / High Court Supplementary Judgment (appeal)
Legal Issues
- 1 Whether the District Court sentences were manifestly inadequate
- 2 What fines should be imposed for each specified FTA offence and allocation to CRNs
- 3 Application of statutory maxima for FTA offences in fixing penalties
Ratio Decidendi
The High Court held the District Court sentences were manifestly inadequate and set them aside, imposing specific fines for each offence as specified in the court's schedule consistent with statutory maxima.
Court Disposition
District Court sentences set aside as manifestly inadequate; fines imposed by the High Court as per the attached schedule of CRNs and amounts.
Orders
- District Court sentences are set aside as manifestly inadequate.
- Fines are imposed as specified in the court's schedule for each CRN (see attached table in judgment).
Full Case Text
Judgment text and source record
1 paragraphs
COMMERCE COMMISSION v STEEL & TUBE HOLDINGS LTD [2019] NZHC 2209 [5 September 2019]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECRI 2018-404-368[2019] NZHC 2209IN THE MATTER of concurrent appeals against a decision ofthe District court at AucklandBETWEEN COMMERCE COMMISSIONAppellantAND STEEL & TUBE HOLDINGS LIMITEDRespondentHearing: On the papersCounsel: JCL Dixon QC, AMM McClintock & B J Thompson for AppellantM Heron and AMW Stewart for RespondentJudgment: 5 September 2019SUPPLEMENTARY JUDGMENT OF DUFFY JThis judgment is delivered by me on 5 September 2019 at 12:30 pmpursuant to r 11.5 of the High Court Rules......................................................Registrar / Deputy RegistrarSolicitors/Counsel:Matthews Law, AucklandMichael Heron QC, AucklandMeredith Connell, Auckland[1] In my judgment of 23 August 2019, I held that the sentences imposed in theDistrict Court should be set aside on the ground they were manifestly inadequate.1[2] I gave reasons which identified the fines to be imposed for the offences forwhich the maximum sentence is $200,000 and the same for the offences for which themaximum sentence is $600,000.2 I did not however relate the individual fines to thespecific offences because the necessary information was not before me. TheCommission has now supplied me with the necessary information to complete thattask.[3] The offences listed in the attached table are the individual fines imposed foreach offence.Duffy J1 Commerce Commission v Steel & Tube Holdings Ltd [2019] NZHC 2098.2 At [119].CRN Date range FTA penaltyCompliance Representations1 17004502002 1-Mar-12 – 30-Jun-12 s 10 $43,6802 17004502000 1-Jul-12 – 31-Oct-12 s 10 $43,6803 17004501999 1-Nov-12 – 28-Feb-13 s 10 $43,6804 17004501998 1-Mar-13 – 30-Jun-13 s 10 $43,6805 17004501997 1-Jul-13 – 31-Oct-13 s 10 $43,6806 17004501996 1-Nov-13 – 28–Feb-14 s 10 $43,6807 17004501995 1-Mar-14 – 16-Jun-14 s 10 $43,6808 17004501994 17-Jun-14 – 31-Oct-14 s 10 $131,0409 17004501993 1-Nov-14 – 28-Feb-15 s 10 $131,04010 17004501992 1-Mar-15 – 30-Jun-15 s 10 $131,04011 17004501991 1-Jul-15 – 31-Oct-15 s 10 $131,04012 17004501990 1-Nov-15 – 6-Apr-16 s 10 $131,040Holmes Representations13 17004501989 1-Mar-12 – 31-Aug-12 s 13(e) $43,68014 17004501987 1-Sep-12 – 28-Feb-13 s 13(e) $43,68015 17004501986 1-Mar-13 – 31-Aug-13 s 13(e) $43,68016 17004501985 1-Sep-13 – 28-Feb-14 s 13(e) $43,68017 17004501984 1-Mar-14 – 16-Jun-14 s 13(e) $43,68018 17004501983 17-Jun-14 – 31-Dec-14 s 13(e) $131,04019 17004501982 1-Jan-15 – 30-Jun-15 s 13(e) $131,04020 17004501981 1-Jul-15 – 31-Dec-15 s 13(e) $131,04021 17004502008 1-Jan-16 – 6-Apr-16 s 13(e) $131,040Independent Testing and Certification Representations22 17004502011 20-May-13 – 16-Jun-14 s 13(e) $43,68023 17004502010 17-Jun-14 – 16-May-15 s 13(e) $131,04024 17004502009 17-May-15 – 6-Apr-16 s 13(e) $131,040