H & C Trading Pty Ltd and Damon Hong Chiang Tan - Court action

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Date
10 January 2011
Category
Court actions

Moorabbin importer and wholesaler H & C Trading Pty Ltd and its director, Damon Hong Chiang Tan, have been ordered to stop selling dangerous children’s toys and to pay for the publication of public warning notices in several major newspapers.

Consumer Affairs Victoria inspectors seized a variety of toys during a search of the premises in October 2009. Items included several toy gun sets - “Magnum”, “Police Jungle Storm”, “Police Super Power”, “Military Series” and “Super Police” – with dangerous projectiles capable of causing eye injuries.

Also seized were unsafe pre-school plastic toys – a “Children’s Toy Bath Set” and a “Musical Fun Time Keyboard” – which had small parts prone to breaking off and posing a choking hazard.

The Victorian Supreme Court ruled the company had breached product safety provisions of the Fair Trading Act 1999 and that Mr Tan was knowingly involved in the breaches.

The company and Mr Tan were ordered to pay for public warning notices in the Herald Sun, The Age, Cairns Post, Hobart Mercury and Launceston Examiner newspapers.

The court further ordered the company to refund any customer who returned the dangerous toys and permitted Director of Consumer Affairs Victoria Dr Claire Noone to have the seized toys destroyed at the company’s expense.

The company and Mr Tan must also pay Consumer Affairs Victoria’s legal costs.

10 January 2011

Moorabbin importer and wholesaler H & C Trading Pty Ltd and its director, Damon Hong Chiang Tan, have been ordered to stop selling dangerous children’s toys and to pay for the publication of public warning notices in several major newspapers.

Consumer Affairs Victoria inspectors seized a variety of toys during a search of the premises in October 2009. Items included several toy gun sets - “Magnum”, “Police Jungle Storm”, “Police Super Power”, “Military Series” and “Super Police” – with dangerous projectiles capable of causing eye injuries.

Also seized were unsafe pre-school plastic toys – a “Children’s Toy Bath Set” and a “Musical Fun Time Keyboard” – which had small parts prone to breaking off and posing a choking hazard.

The Victorian Supreme Court ruled the company had breached product safety provisions of the Fair Trading Act 1999 and that Mr Tan was knowingly involved in the breaches.

The company and Mr Tan were ordered to pay for public warning notices in the Herald Sun, The Age, Cairns Post, Hobart Mercury and Launceston Examiner newspapers.

The court further ordered the company to refund any customer who returned the dangerous toys and permitted Director of Consumer Affairs Victoria Dr Claire Noone to have the seized toys destroyed at the company’s expense.

The company and Mr Tan must also pay Consumer Affairs Victoria’s legal costs.

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