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Commerce Commission v Goodview Trading Ltd [2019] NZDC 3795

Published 21 June 2019

Sentencing — breach of Fair Trading Act — defective and potentially unsafe toys — safety standards — Fair Trading Act 1986, ss 1 & 30 — Commerce Commission v L D Nathan & Co Ltd [1990] 2 NZLR 160 — Commerce Commission v AHL Co Limited DC Auckland CRI-2017-004-009958 — Commerce Commission v Manufacturers-Marketing Limited [2018] NZDC 7913 — Commerce Commission v SDL Trading Limited [2018] NZDC 6626 — Commerce Commission v The 123 Mart Ltd [2017] NZDC 23286. The defendant companies appeared for sentencing in relation to multiple breaches of the Fair Trading Act ("the Act"). The companies had supplied and offered to supply toys that were below the safety standard for children 36 months and under. The safety hazards were discovered after tests showed the toys broke apart or released small parts, posing a choking hazard. The Judge looked at case law involving similar offending and found the conduct of the defendants to be careless to highly careless. They had failed to make themselves aware of their obligations under the Act. The first defendant was fined $22,312.50, the second $87,750 and the third $41,625. Court costs of $130 were ordered against each defendant. Judgment Date: 19 March 2019. Reissued: 18 April 2019.