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Commerce Commission v Noel Leeming Group Ltd [2018] NZDC 27403

Published 30 August 2019

Sentencing — misleading public as to rights — Fair Trading Act 1986 — Consumer Guarantees Act 1993 — Commerce Commission v Ticketek New Zealand Limited [2007] DCR 910. The defendant company pleaded guilty to eight charges under the Fair Trading Act 1986, relating to breaches of the Consumer Guarantees Act 1993. The charges related to misrepresentations made, nationwide, to customers by the defendant's staff about defective electronic products. The Judge, considering case law and recent increases to maximum penalties, adopted a starting point $275,000. A five per cent discount for co-operation and previous good character and a further 25 per cent discount for the early guilty plea was granted, bring an end sentence to a total fine of $200,000. The total fine constituting eight $25,000 convictions plus costs on each charge of $130. Judgment Date: 14 December 2018.