Allied Mills Industries Pty Ltd v Trade Practices Commission (No 1)

Case

[1981] FCA 11

13 Feb 1981


Details
AGLC Case Decision Date
Allied Mills Industries Pty Ltd v Trade Practices Commission (No 1) [1981] FCA 11 [1981] FCA 11 13 Feb 1981

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Allied Mills Industries Pty Ltd v Trade Practices Commission (No 1) was heard and decided by Justice Gallop. The defendant, Darwin Bakery Pty Limited, was prosecuted for four offences under s.53(e) of the Trade Practices Act 1974, relating to misleading statements about the price of bread products. The key legal issues were whether the statements were misleading and whether mens rea was an element of the offence. The court found that the statements were misleading, as they falsely suggested that the prices of the bread products had been adjusted in line with the weight reductions. The court also held that mens rea was not an element of the offence under s.53(e) of the Trade Practices Act. As a result, the defendant was convicted on all four counts. The court ordered that the defendant pay a fine of $4000 for each offence and the prosecutor's costs.
Details

Areas of Law

  • Commercial Law

  • Consumer Law

Legal Concepts

  • Breach of Contract

  • Misrepresentation

  • Compensatory Damages

  • Limitation Periods

  • Civil Penalty