Federal Court of Australia
CATCHWORDS
Contempt of Court ~ power of Court to fine for civil contempt - respondent's conduct contumacious © fine
imposed.
COONAN & DENLAY PTY. LIMITED and ANTHONY EUNAN BENSON v. SUPERSTAR AUSTRALIA PTY. LIMITED
G 1l2 of 1981
Coram: Sheppard J.
7 December, 1981
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 112 of 1981
GENERAL DIVISION
JUDGE MAKING ORDER
DATE OF ORDER WHERE MADE
THE COURT ORDERS THAT
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ae
.
BETWEEN
COONAN & DENLAY PTY. LIMITED and ANTHONY EUNAN BENSON
Applicants
SUPERSTAR AUSTRALIA PTY, LIMITED
Respondent
ORDER
SHEPPARD J. 15 December, 1981
Sydney
i. Superstar Australia Pty. Limited be adjudged guilty of
contempt of Court in not complying with the orders made
by this Court on 4 September, 1981.
2. __ The charges numbered 1, 2 and 5 to 44 inclusive set forth
in the statements of charges filed herein be found proved.
3 Superstar Australia Pty. Limited be fined the sum of
$10,000 in respect of its contempt.
4, The amount of the said fine be paid by Superstar Pty. Limited
to the Registrar of the Court on or before 15 February, 1982.
5. The respondent pay the applicants' costs of the motion dated
26 October, 1981, as between solicitor and client.
IN THE FEDERAL COURT OF AUSTRALIA } NEW SOUTH WALES DISTRICT REGISTRY No. G 112 of 1981 GENERAL DIVISION
BETWEEN
COONAN & DENLAY PTY. LIMITED and ANTHONY EUNAN BENSON
AND Applicants
SUPERSTAR AUSTRALIA PTY.LIMITEL
Respondent
CORAM: Sheppard J. 7 December, 1981
REASONS FOR JUDGMENT
By their notice of motion in this matter the applicants seek an order that the respondent be dealt with for contempt of court, The contempt is alleged to have been committed by the respondent's disobedience of orders made by the Chief Judge on 4 September last. In the proceedings before him the applicants sought an interlocutory injunction to restrain the respondent from marketing certain cricket helmets. Its causes of action were based upon breaches or threatened breaches of the Trade Practices Act 1974 and upon breaches or threatened breaches of the second applicant's copyright 1n a design said to be registered under the Designs Act 1906.
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