The Commerce Commission sought leave on Friday to file its second appeal against the sentence imposed on Steel & Tube Holdings Ltd for false & misleading representations about steel mesh products.
The company was fined $1.885 million in the Auckland District Court in October 2018 for breaching the Fair Trading Act by making false & misleading representations about its steel mesh products, which are used in construction to provide strength & stability in the event of an earthquake.
The commission appealed against that sentence and, in the Auckland High Court last month, Justice Ailsa Duffy increased the fine to $2.009 million on 24 charges under the Fair Trading Act.
Now the Commerce Commission is seeking leave to appeal to the Court of Appeal on the bases that Justice Duffy erred when sentencing the company, by:
- failing to properly attribute the knowledge of a Steel & Tube manager to the company
- applying an excessive totality discount to the penalty, and
- failing to adequately take into account the size of Steel & Tube and the potential for it to gain from the conduct.
28 August 2019: High Court increases fine over steel mesh
21 November 2018: Both sides appeal steel mesh penalty
24 October 2018: Steel & Tube fined $1.885 million for misleading steel mesh representations
20 August 2018: Steel mesh supplier Brilliance fined for misleading representations
26 April 2018: First companies sentenced arising from steel mesh investigation
2 November 2016: Steel mesh testing rules tightened
21 August 2016: Steel mesh testing requirements out for feedback
25 April 2016: Commission lifts ‘stop’ on Euro Corp steel mesh
8 April 2016: Steel & Tube undertakes dual mesh testing
5 March 2016: Suppliers recheck as commission questions steel mesh, ministry not worried
Attribution: Commission release.