Carey v Commissioner for Consumer Protection

Carey v Commissioner for Consumer Protection concerned a dispute between the defendant, a director of a corporation, and the Commissioner for Consumer Protection. The defendant was charged with various counts of unfair trading practices under the Australian Consumer Law, specifically related to false representations about the disposal of strata title interests in land. The case was heard and determined by the Federal Court of Australia.

The primary legal issues before the court were whether the defendant could be held liable for the actions of the corporation and, if so, whether a defence of incontrovertibility could be applied in this context. The court needed to determine whether the principle of incontrovertibility, which usually applies when a corporation is convicted of an offence and is not a party to the appeal, could be extended to this case. Additionally, the court had to consider the adequacy of the particulars of the charges against the defendant.

The court held that the defendant could indeed be held liable for the corporation's actions under the principles of vicarious liability. It was established that the director's role in the commission of the offences meant that he could be held accountable. However, the court found that the principle of incontrovertibility did not apply in this instance because the corporation was not a party to the appeal. The court also determined that the particulars of the charges were sufficient, as they provided a clear description of the alleged offences, including the specific instances of false representations and the timeframes involved. Consequently, the appeal was dismissed, and the defendant was held liable for the unfair trading practices.