The High Court in Labasa has upheld the conviction and sentence imposed on supermarket giant New World Ltd in June 2023, dismissing its appeal.
Court records show that in April 2019, the Fiji Competition and Commerce Commission (FCCC) conducted a routine inspection at New World’s Naiyaca, Labasa supermarket.
Inspectors found that the maximum prices of 13kg and 4.5kg gas cylinders were not prominently displayed as required. The supermarket was issued with a fixed penalty notice for failure to display the authorised maximum retail price of a price-controlled item.
In March 2023, the supermarket was convicted after trial for the offence of failing to display the authorised maximum retail price of a price-controlled item for the information of the public, breaching sections 54(1), 129(1A) and (3), and 132(1) of the FCCC Act 2010.
The supermarket was fined $15,000 and ordered to pay prosecution costs of $32.50, which prompted it to file an appeal against both conviction and sentence.
Justice Lee Burney ruled that there was no arguable merit in the appeal.
“It was also a relevant aggravating factor that the appellant was a repeat offender,” stated Justice Burney on February 5.
“In my view, it is not arguable that the sentencing magistrate erred in principle or that the fine of $15,000 was manifestly excessive. The appellant’s offending cannot be considered minor.
“In straitened times, it is more important than ever that retailers comply with the statutory obligations imposed to protect consumers from unscrupulous operators.”
