Wilkinson, Louise Elizabeth v Katies Fashions (Aust.) Pty ltd

[1986] FCA 676

IN THE FEDERAL COURT OF AUSTRALIA	)
VICTORIA DISTRICT REGISTRY	1 No. VG57 of 1985
GENERAL DIVISION	)

BETWEEN: LOUISE EL I ZABETH

WILKINSON

Frosecutor

A m : KATIES FASHIONS I'AUST. )

FTY. LTD.

Defendant

BETWEEN : LOUISE ELIZABETH

WILKINSON

Prosecutor

m: ARPEL AUSTRALIA PTY. LTD.

Defendant

CORAM :	Jenkinson J.
PLACE :	Melbourne
DATE :	31 October, 1986

The circumstances in which t.he defendants committed

contraventions crf s.53(a) of the Trade Practicss Act 1374 have

been stated in reasons for judgment published an 28 J u l y 1986.

It will be apparent from a perusal of those reasons that

nu curlcsrn far financial advantage tu either defendant ur its

holdiny company had contributed to bring about the contraventions.

And, although the defendants and their associated companies were

for some time mistaken a5 to the nature of the contraventions and

the causes thereof, they were prepared promptly to take thorough

and not inexpensive measures to ensure that no further

contravention occurred.

There had been no warning indications that mistakes of

the kind which resulted in the contraventions might be occurring.

The gravamen of the ca5e against the defendants is simply this :

that they failed tcs acknuwledye tu themselves the risk of human error, inherent in the process of reprssentation Ly labelling, as

of sufficient gravity to warrant their subjecting the process to

an inexpensive sumeillance for the purpose of detecting such error . !?arts V and VI of the Trade Fractices Act 1974 disclose a policy to deter by criminal sanction even such a relatively minor

- culpability in those who in trade or commerce make commercially

significant misrepresentations to consumers in connexion	with the
supply of goods.

The defendant Katies Fashions (Aust.) Pty. Ltd. in the

proceeding VG57 of 1985 is convicted and Fined $300 and ordered to

pay the prosecutor’s costs (including costs	reserved) of the
proceedinq.

3 .

The defendant Arpel Australia Pty. Ltd. is in each of

the proceedings VG60, VG62 and VG63 of 1385 convicted and fined

$300 and ordered to pay -the prosecutor's c o s t s (including costs

reserved) of that proceeding.

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