Transcript from Court Proceedings vs ACCC: Dally Messenger III was not seeking pecuniary gain for himself: our community would regard him as acting in good faith to assist others
Mr Gray, Barrister for the ACCC; Mr Les Glick QC, barrister (pro bono) for Dally Messenger III
MR GRAY: (for the ACCC)
The curious features of this case, your Honour, include the following. The arrangement itself and what I have just said about 45(3) actually leads to this. The arrangement itself was envisaged and intended to apply to persons in competition with one another but the persons who are doing the attempting and the attempted inducing, the first and second respondents (Dally Messenger and Dally M Publishing), were not those people in competition with one another. Your Honour will have seen that and that is a very curious feature of this case that had led to the agreed fact that the respondents were not seeking a pecuniary gain for themselves.
HIS HONOUR: Yes. Indeed, could not. ….
MR GLICK: (for Dally Messenger) But there are other factors in this sense, your Honour. And I do not mean any sanctimonious comment in this. Mr Dally Messenger is a person that our community would regard as acting in good faith to assist others. The cost of a funeral is between $6,000 - $10,000, the total package. We are talking about $400.
HIS HONOUR: Ten per cent.
MR GLICK: Nothing.
HIS HONOUR: A bit less; eight per cent.
MR GLICK: Yes, eight per cent. And Mr Dally Messenger stood to gain nothing out of this. He did not do it because he was party to it. Indeed, your Honour saw the material; he did not want this agreed price to go up. He wanted them to negotiate hourly fees but he said, “If you want me to send this, I will do your bidding for you”. He was the messenger, in that sense.
PS-But the mediated fine still stayed at $40,000 plus $6000 costs! (Legal Fees ca $20,000)
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