Australian Competition & Consumer Commission v Goldstar Corp Pty Ltd & Anor [1998] FCA 1441

FEDERAL COURT OF AUSTRALIA CONTEMPT OF COURT - breach of undertakings - power to impose term of imprisonment suspended on condition that contemnor refrain from breaching Part V the Trade Practices Act 1974 (Cth) for two years. Trade Practices Act 1974 (Cth), Part V Australian Securities Commission v Macleod (No 3) (1993) 40 FCR 475, applied Lee v Walker [1985] 1 All ER 781, applied AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98, 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 ORDERS THAT:

1. The second respondent, Grant Warren Hudson, be imprisoned for a period of two months in respect of the following contempts of court:

(A) Breaching the undertakings given by him to this Court on 2 July 1998 by:

(a) instructing josephine ann unsworth, on 20 or 21 august 1998, to engage in the following conduct in connection with the supply or possible supply to persons of advertising in "The National Federal State and Local Government Advertiser" by Australia's Flag Publishing:

(i) to represent to persons that advertisements or directory entries had previously been ordered or agreed to by those persons or on behalf of those persons when they had not been so ordered or agreed; and

(ii) to send to those persons documents which misled, or were likely to mislead, those persons as to the effect of signing or returning those documents.