16 Aug 2010
COMMERCE COMMISSION V PROGRESSIVE ENTERPRISES LTD CA333/2009
- Citation
- openlaw-6a171721_1d5b_4eff_8a91_54bad1f2e167.pdf
- Court
- Court of Appeal
Section 17(a) requires proof of a specific intention not to provide the gifts, prizes or other free items (or not to provide them as offered) at the time the offer is made; consequently the mental states of separate servants or agents cannot be aggregated to establish a composite mens rea for the company under ss17 and 45 FTA.