Federal Court of Australia
Nor Fer O1isTRisuTiont -
a e o 3 IN THE FEDERAL COURT OF AUSTRALIA) )
NEW SOUTH WALES DISTRICT REGISTRY) No. G82 of 1979 ) GENERAL DIVISION ) BETWEEN: SUNIBRITE PRODUCTS (AUST.) PTY. LIMITED Applicant ID:
JABUNA PTY. LIMITED
Respondent
JUDGE MAKING ORDER: Bowen C.J. DATE OF ORDER: 8 February 1980. WHERE MADE: Sydney.ORDE
THE COURT ORDERS THAT the Respondent pay to the Applicant
its costs of the motion as between solicitor and client.
IN THE FEDERAL CCURT OF AUSTRALIA)
) NEW SOUTH WALES DISTPICT RECISTRY) No. G82 of 1979
)
GENEPAL DIVISION ) BETWEEN : + SUNIBRITE PRODUCTS (AUST.) PTY. LIMITED Applicant AND:
JABUNA PTY. LIMITED
Respondent CORAM: Bowen C.J. 8 February 1980. REASONS FOR JUDGMENT BOWEN C.J.: This is a motion by Sunibrite Products (Aust.) Pty. Limited (hereafter called "Sunibrite") pursvant to
Order 40 of the Federal Court Rules against Jabuna Pty. Limited (hereafter called "Jabuna") for an order that Jabuna be punished for contempt of Court.
On 20 December 1979 Sunibrite commenced proceedings against Jabuna seeking certain injunctions. The matter came before the Court on 28 December 1979 when Jabuna, without prejudice and without admissions, gave certain undertakings
which, it was noted, were to operate until 3 January 1980 or
further order. These included an undertaking to the Court
in the following terms:
"That it will place on the front of each display box hereafter sold over an area being the whole of the exposed area at the lower front of the display box a sticker covering the printing saying "This 1s not a Sunibrite Product" and that it will endeavour to place a similar sticker on boxes in retail outlets which may come to its attention in the
course of deliveries of its products to those retail outlets."
The matter was adjourned to 3 January 1980. When it was again before the Court on that day, certain orders were made against Jabuna, one of which was to operate after 30 January 1980 and certain undertakings by Jabuna were given to the Court. It was noted, as undertaking (a), that the existing
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