The Commerce Commission argues an excessive discount had been applied to the penalty imposed on Steel & Tube. Photo / File
The Commerce Commission will appeal a $2.009 million fine handed to Steel & Tube, arguing an excessive discount had been applied to the penalty.
Last month Justice Duffy imposed the record $2m-plus fine on Steel & Tube in relation to 24 charges under the Fair Trading Act for false and
misleading representations about steel mesh products.
The Commission is seeking leave to appeal to the Court of Appeal on the basis that the Judge 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.
Steel & Tube was initially fined a then-record $1.89m in an Auckland District Court in October last year, but that fine was also appealed by the Commission.
