New Zealand Law Society - Commerce Commission to appeal Steel & Tube sentence

Commerce Commission to appeal Steel & Tube sentence

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The Commerce Commission has filed an appeal against the sentence imposed on Steel and Tube Holdings Ltd for false and misleading representations about steel mesh products.

Last month Judge Cathcart imposed a $1.885 million fine on Steel & Tube in the Auckland District Court after the company pleaded guilty to 24 charges under the Fair Trading Act.

The Commission is appealing on the bases that the judge erred when sentencing the company, by:

  • failing to properly attribute the knowledge of a Steel & Tube manager to the company; and
  • by not adequately taking into account the size of Steel & Tube and the potential for it to gain from the conduct.