R.R. & S.M. Powell Pty Ltd v Cafike Pty Ltd (trading as The Port Arthur Cider Co.) [1987] FCA 598

° L DISTRIBUTION Pd

JUDGMENT No. 518/21.

IN THE FEDERAL COURT OF AUSTRALIA )

TASMANIA DISTRICT REGISTRY Tv. No.

ww YS

GENFOAT NTVTSTAN

BETWEEN :

R.R. & S.M. POWELL PTY. LTD.

and

CAFIKE PTY. LTD. trading as THE PORT ARTHUR CIDER CO.

COURT: NORTHROP J. DATE : 30 SEPTEMBER 1987 PLACE: HOBART

MINUTES OF ORDER

THE CONPT ORDERS THAT: -

lL. The motion dated 2 June 1987 be refused.

G 2 of 1987

Applicant

Respondent

2. The applicant pay the respondent's costs of the motion

including any reserved costs on that motion.

(Settlement and entry of Orders is dealt with in 0.36 of the

Rules of Court.)

RECEIVED

= 4NOV 1987 FEDERAL RT OF

LIA

aS

IN- THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY GENERAL DIVISION

T. No. G 2 of 1987

BETWEEN :

- & 5.M ) TY. LTD. Applicant

and CAFIKE PTY. LID. trading as THE PORT ARTHUR CIDER CO. Respondent

COURT: NORTHROP J. DATE : 30 SEPTEMBER 1987 PLACE: HOBART

EX ORE ONS FO MENT

This is the return of a motion dated 2 June 1987 in which the applicant is moving the Court for orders that the respondent has committed a contempt in connection with proceedings and that it be punished for that contempt. The

order of the Court made on 4 March 1987 was that until

further order:-

"The Respondent be restrained and an Injunction is hereby granted restraining the Respondent, its servants or agents from promoting, marketing, distributing or selling any fruit, fruit juice or other fruit product in any bottle, carton or other container bearing or including the word 'Grove' or 'Grove Apple Maid'."

In accordance with the provisions of 0.40 r.6 of the Rules of Court, a statement of charge was given in connection with the motion by the applicant. That statement

of charge reads as follows:-

"The respondent was on or about the 26th and 27th days of May 1987 in contempt of an order made by this Honourable Court on the 4th day of March 1987 in that the respondent by its servants or agents promoted and distributed fruit juice in containers