Universal Music Australia Pty Ltd v Sharman Networks Ltd [2006] FCAFC 41

FEDERAL COURT OF AUSTRALIA

Universal Music Australia Pty Ltd v Sharman Networks Ltd [2006] FCAFC 41 CONTEMPT OF COURT – question of law referred by primary judge to Full Court – question whether, 'having regard to nature and terms of' order alleged to have been disobeyed, a determination of contempt may be made in respect of the contraventions alleged in the statement of charge – order the subject of pending appeal – order must be obeyed until set aside – different possible meanings of 'equivocal' and 'ambiguous' in relation to orders in earlier cases on contempt – discussion of orders whose meaning is obscure as a matter of construction of their terms, and orders shown to be uncertain or ambiguous in their operation in the context of the facts proved by the evidence – referred question answered, Yes.

Federal Court of Australia Act 1976 (Cth) s 25(6) Federal Court Rules O 37 r 2 Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483 considered Coflexip SA v Stolt Comex Seaway MS Ltd [1999] FSR 473 cited Commodore Business Machines Pty Ltd v Trade Practices Commission (1990) 92 ALR 563 cited Commonwealth Industrial Gases Ltd v M.W.A. Holdings Pty Ltd (1970) 180 CLR 160 cited Iberian Trust Ltd v Founders Trust and Investment Co [1932] 2 KB 87considered ICI Australia Operations Pty Limited v Trade Practices Commission (1992) 38 FCR 248 referred to Interlego A.G. v Toltoys Pty Ltd (1973) 130 CLR 461 cited Johnson v Walton [1990] 1 FLR 350cited Life Insurance Company of Australia Limited v Phillips (1925) 36 CLR 60 applied Little v Lewis [1987]VR 798cited McNair Anderson Associates Pty Ltd v Hinch [1985] VR 309cited Microsoft Corporation v Goodview Electronics Pty Ltd (2000) 49 IPR 578referred to Microsoft Corporation v Marks (No 1) (1996) 69 FCR 117considered Microsoft Corporation v Plato Technology Limited [1999] FSR 834cited Mikasa (N.S.W.) Pty Ltd v Festival Stores (1972) 127 CLR 617 referred to NATB v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 133 FCR 506 cited