Trade Practices Commission v C.G. Smith Pty Ltd & Ors [1978] FCA 5

ety oo JUDGMENT No. suns ena one Sane CATCHWORDS se

Contempt of Court - Non-compliance with order to pay money - Whether contempt contumacious - Service of order - Matters

to be set out in motion. Trade Practices Act 1974.

TRADE PRACTICES COMMISSION v C.G. SMITH PTY. LIMITED, IAN FAIRWEATHER and ROGER GREGORY MATSON (also known as R. Gilbert)

No. G44 of 1977

Coram: Bowen C.J. Sydney

17th February 1978

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. G44 of 1977

IN THE MATTER of the Trade Practices

Act 1974

BETWEEN:

ORDERS

JUDGE MAKING ORDER: Bowen C.J.

DATE OF ORDER: 17th February 1978

WHERE MADE: Sydney

THE COURT ORDERS THAT:

1. Motion dismissed.

TRADE PRACTICES COMMISSION Applicant C.G. SMITH PTY. LIMITED First Respondent IAN FAIRWEATHER

Second Respondent

ROGER GREGORY MATSON (also known as R. Gilbert)

Third Respondent

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G44 of 1977

wwe ww

GENERAL DIVISION

IN THE MATTER of the Trade Practices

Act 1974 BETWEEN: TRADE PRACTICES COMMISSION Applicant AND: C.G. SMITH PTY. LIMITED

First Respondent IAN FAIRWEATHER Second Respondent

ROGER GREGORY MATSON (also known as R. Gilbert)

Third Respondent

CORAM: Bowen C.J.

17th February, 1978

JUDGMENT

This is an application by Ian Fairweather to be released from an undertaking given to the Court on 21st July 1977 in proceedings commenced by order nisi by the Trade Practices Commission ("the Commission") against C.G. Smith Pty. Limited ("the Company"), Ian Fairweather and Roger Gregory Matson. The Commission sought injunctions to restrain the Company from engaging in trade or commerce in the conduct of advertising interests in land in a manner which was alleged

to be misleading and an injunction to restrain Mr. Fairweather

and Mr. Matson from aiding or abetting the Company or any