9 Nov 2020
COMMERCE COMMISSION v STEEL & TUBE HOLDINGS LTD [2020] NZCA 549
- Citation
- (2020) 15 TCLR 743
- Court
- Court of Appeal
Section 45(1) of the Fair Trading Act applies to sentencing in proceedings for strict liability contraventions so the state of mind of a director, servant or agent acting within actual or apparent authority may be attributed to the body corporate; the former employee's deliberate departures from required testing and deliberate misrepresentations about independent testing were attributed to Steel & Tube, but the overall offending did not involve deliberate deception for commercial gain on the scale alleged by the Commission; having applied sentencing purposes and factors the appropriate global…