Australian Competition & Consumer Commission v Goldstar Corp Pty Ltd [1999] FCA 585

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Goldstar Corporation Pty Ltd [1999] FCA 585 CONTEMPT - acts and omissions constituting wilful breach of Court orders - liability of company - liability of director for failure to ensure company complied with orders - extent of efforts - supervision of staff - purported reliance on third party advice - penalty

Trade Practices Act 1974 A.M.I.E.U. v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Cited Re Galvanised Tank Manufacturers' Association's Agreement [1965] 1 WLR 1074 Cited Madeira v Roggette Pty Ltd [1990] 2 Qd R 357 Cited Witham v Holloway (1995) 183 CLR 525 Cited Attorney-General for Tuvalu v Philatelic Distribution Corporation Ltd [1990] 1 WLR 926 Cited, Discussed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GOLDSTAR CORPORATION PTY LTD and GRANT WARREN HUDSON QG 60 of 1998 KIEFEL J BRISBANE 7 MAY 1999

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: KIEFEL J

DATE OF ORDER: 7 MAY 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The first respondent, Goldstar Corporation Pty Ltd be fined the sum of $30,000 for contempt of Court committed between November 1998 and February 1999. 2. A warrant for the committal of the second respondent to prison for a period of six months issue for his contempts of Court committed between November 1998 and February 1999. 3. The respondents pay the applicant's costs of the proceedings including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.