Bryant, B.V. & Anor v. Keith Harris & Co Ltd [1980] FCA 173

CATCHWORODS

Contempt of Court - motion alleging breach of undertaking given in settlement of earlier proceedings - whether ambiguity in terms of undertaking relevant to motion for contempt - whether steps had been taken to comply with

undertaking - whether steps taken need be reasonable

or adequate.

Practice and Procedure - evidence by trap orders -

whether such evidence admissible - whether notice of such orders need be given to opposite party - whether

unfairness of trap orders relevant to admissibility

or weight.

Federal Court of Australia Act, 1976 (Cth.) s.3l.

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G. 59 of 1980

) GENERAL DIVISION )

IN THE MATTER OF THE TRADE PRACTICES ACT (1974)

BETTY VERONICA BRYANT, BRYANT'S HOTELS PTY. LIMITED

APPELLANTS (RESPONDENTS )}

KEITH HARRIS & CO. LIMITED, UNITED BEVERAGES PTY. LIMITED, JUSFRUTE LIMITED

RESPONDENTS (APPLICANTS)

REASONS FOR JUDGMENT

FRANKI J.

27 November 1980

I have had the opportunity of reading the draft reasons

for judgment of Lockhart J.

He has stated the facts fully and it 1s unnecessary for

me to restate them.

I agree, in general, with his conclusions of Fact and

law.

I only wish to make observations on two aspects of this

appeal. The first 1s upon the construction of the undertaking.

e 3 IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G59 of 1980

) GENERAL DIVISION )

IN THE MATTER OF THE TRADE PRACTICES ACT (1974)

BETTY VERONICA BRYANT, BRYANT'S HOTELS PTY. LEMITED.

Appellants (Respondents)

KEITH HARRIS & CO. LIMITED, UNITED BEVERAGES PTY. LIMITED, JUSFRUTE LIMITED

Respondents (Applicants)

ORDERS

JUDGES MAKING ORDERS: FRANKI,NORTIUROP AND LOCKHART JJ. WHERE MADE: AT SYDNEY. DATE OF ORDERS: THURSDAY 27 NOVEMBER 1980.

THE COURT ORDERS THAT:

1. The appeal is allowed.

2. The order of the trial Judge of 25 June 1980 is set aside.