Federal Court of Australia
CATCHWORDS Contempt of Court - action pursuant to s.52 Trade Practices Act resolved upon respondents giving certain undertakings to applicant and to court - action subsequently discontinued - action for contempt alleging breaches of undertaking - standard of proof required - whether breaches of undertaking made out -
effect of discontinuance of original action upon jurisdiction of court - whether company not a party to original undertaking
properly joined as respondent in contempt proceeding - whether company aided and abetted principal contemnor - factors relevant
to assessment of penalty.
Trade Practices Act s.52
Flamingo Park Pty Ltd v. Dolly Dolly Creations Pty Ltd (1985) 59 A.L.R. 247
Teheran Europe Co. Ltd. v. S§.T. Belton (Tractors) Ltd (No. 2) (1971) 2 0.8. 491 Apple Computer Inc. & Ors. v. Popiolek (1984) V.R. 156
Australian Consolidated Press Limited v. Morgan (1965) 112 C.L.R.
4B3 Seaward v. Patterson (1897) 1 Ch. 545
ELLENDALE PTY LTD v. GRAHAM MATTHEWS PTY LTD GRAHAM HAROLD MATTHEWS and GRAHAM MATTHEWS NOMINEES PTY LTD
No. G74 of 1985
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IN_THE FEDERAL COURT OF AUSTRALIA ) )
SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G74 of 1985 ) )
GENERAL DIVISTON BETWEEN: ELLENDALE PTY LTD Applicant - and - GRAHAM MATTHEWS PTY LTD,
GRAHAM HAROLD MATTHEWS and GRAHAM MATTHEWS NOMINEES PTY
LTD
Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER : FORSTER 7. WHERE MADE 2 ADELAIDE DATE OF ORDER : 22 APRIL 1986
THE COURT ORDERS THAT:
1. The respondents pay to the Registrar of the Federal Court of
Australia within 28 days a fine of $7,500.
2. The respondents pay the applicant's costs to be taxed.
Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G74 of 1985 ) GENERAL DIVISION )
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