Australian Competition & Consumer Commission v NuEra Wellness Centre Pty Ltd

Federal Court of Australia|2008-03-20|Before: North J

Australian Competition & Consumer Commission v NuEra Wellness Centre Pty Ltd [2008] FCA 436

CRIMINAL LAW - sentencing - refusing or failing to comply with a notice - s 155 of Trade Practices Act 1974 (Cth)

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v NUERA WELLNESS CENTRE PTY LTD

JUDGE: NORTH J DATE OF ORDER: 20 MARCH 2008

The NuEra Wellness Centre Pty Ltd is convicted of failing to comply with s 155(5)(a) of the Trade Practices Act 1974 (Cth).
The NuEra Wellness Centre Pty Ltd is fined $6000 of that offence. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

BETWEEN: AUSTRALIAN COMPETITION CONSUMER COMMISSION

REASONS FOR JUDGMENT 1 NuEra Wellness Centre Pty Ltd (the company) was charged under s 155(5)(a) of the Trade Practices Act 1974 (Cth) (the Act) of refusing or failing to comply with a notice issued to it under s 155(1) of the Act. The offence took place on 22 November 2006. The company entered a plea of guilty to the offence on 22 December 2007. 2 This offence is a reflection of the conduct of Micheal Rana, sole director of the company at the time of the offence, but under the influence of Paul Rana. 3 The circumstances of Micheal Rana's wrongdoing are set out in the reasons for judgment in Australian Competition and Consumer Commission v Rana [2008] FCA 435. The wrongdoing is of a serious order and on this basis the appropriate penalty is a fine of $6000. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate: Dated: 15 July 2008 Counsel for the Prosecution: Ms R Orr

Solicitor for the Prosecution: Commonwealth Director of Public Prosecutions

Date of Hearing: 22 December 2007, 18 & 25 February & 20 March 2008

Trade Practices Act 1974(Cth)

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