Australian Competition & Consumer Commission v Goldstar Corp Pty Ltd & Anor [1998] FCA 1440

FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - contempt of court - breach of undertaking not to assert right to payment for unsolicited advertising or making entry in directory - breach of undertaking not to falsely represent that a particular person has agreed to acquire advertising or making entry in directory. TRADE PRACTICES - interlocutory injunctions - respondents restrained from asserting right to payment for unsolicited advertising or making entry in directory - respondents restrained from falsely represent that a particular person has agreed to acquire advertising or making entry in directory. Trade Practices Act 1974 (Cth), ss 52, 53(bb), 64(2A), 64(4) and 80(2)

Windsurfing International Inc v Sailboards Australia Pty Ltd (1986) 19 FCR 110, applied Re Galvanized Tank Manufacturers' Association's Agreement [1965] 1 WLR 1074, applied Ricegrowers Co-operative Ltd v Howling Success Australia Pty Ltd (1987) ATPR 40-778, applied ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 110 ALR 47, followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GOLDSTAR CORPORATION PTY LTD & ANOR QG 60 OF 1998 DRUMMOND J 6 NOVEMBER 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 60 of 1998

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: GOLDSTAR CORPORATION PTY LTD (ACN 080 935 262)

First Respondent

GRANT WARREN HUDSON

Second Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 6/11/98

WHERE MADE: BRISBANE

THE COURT DECLARES THATthe first respondent is guilty of contempt of court constituted by its having breached the undertakings given on its behalf to this Court on 2 July 1998:

1. By taking steps, by the actions of a person identifying himself as "Nathan", to obtain payment of charges for advertising services in "The National Federal State and Local Government Advertiser", as follows: