FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v NuEra Wellness Centre Pty Ltd [2008] FCA 436
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v NUERA WELLNESS CENTRE PTY LTD
VID 576 of 2007
NORTH J
20 MARCH 2008
MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 576 of 2007 |
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BETWEEN: |
AUSTRALIAN COMPETITION CONSUMER COMMISSION Prosecutor
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AND: |
NUERA WELLNESS CENTRE PTY LTD Defendant
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NORTH J |
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DATE OF ORDER: |
20 MARCH 2008 |
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WHERE MADE: |
MELBOURNE |
THE COURT ORDERS THAT:
1. The NuEra Wellness Centre Pty Ltd is convicted of failing to comply with s 155(5)(a) of the Trade Practices Act 1974 (Cth).
2. 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.
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IN THE FEDERAL COURT OF AUSTRALIA |
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VICTORIA DISTRICT REGISTRY |
VID 576 of 2007 |
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BETWEEN: |
AUSTRALIAN COMPETITION CONSUMER COMMISSION Prosecutor
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AND: |
NUERA WELLNESS CENTRE PTY LTD Defendant
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JUDGE: |
NORTH J |
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DATE: |
20 MARCH 2008 |
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PLACE: |
MELBOURNE |
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.
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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
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Counsel for the Prosecution: |
Ms R Orr |
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Solicitor for the Prosecution: |
Commonwealth Director of Public Prosecutions |
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Counsel for the Defendant: |
Mr T Alexander |
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Date of Hearing: |
22 December 2007, 18 & 25 February & 20 March 2008 |
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Date of Judgment: |
20 March 2008 |
