Gardam v George Wills & Co Ltd

The case of Gardam v George Wills & Co Ltd involved a prosecution under the Trade Practices Act for falsely representing that children's nightdresses were of a particular standard, specifically that they were styled to reduce fire danger. The defendant, George Wills & Co Ltd, was a wholesaler that supplied the mislabelled goods to retailers and the public. The court was tasked with determining whether the wholesaler's actions constituted a false representation under the Trade Practices Act and whether the defendant could rely on any available defences.

The central legal issues revolved around the interpretation of the term "particular standard" as used in the Trade Practices Act and whether a generally recognised standard was required for such a representation. Additionally, the court had to decide whether the wholesaler's supply of the mislabelled goods constituted a false representation to both the retailer and the public. The defendant also sought to raise defences under section 85 of the Trade Practices Act, asserting that it had taken reasonable precautions and exercised due diligence.

The court held that the term "particular standard" did not necessarily require a generally recognised standard, but rather a standard that was identifiable and could be reasonably expected by consumers. The court found that the mislabelling of the nightdresses as fire-resistant constituted a false representation under the Trade Practices Act. The defendant's defences were dismissed as the court found that the wholesaler had not taken reasonable precautions or exercised due diligence in verifying the accuracy of the labels. Consequently, the defendant was convicted on all counts.

The final orders of the court were that the defendant, George Wills & Co Ltd, was convicted on each of the three counts of falsely representing the children's nightdresses. The defendant was required to pay the prosecutor's costs of the prosecution. The hearing was adjourned to 16 June 1988 for submissions as to penalty.