Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Hughes [2001] FCA 38
Contempt of court - whether respondent had committed a contempt of the court – where respondent failed to comply with orders that he put a notice on the internet SENTENCING – contempt of court – whether a fine or imprisonment was an appropriate punishment for contempt – where the respondent would be unable to pay a fine – where questions of public health are involved
Witham v Holloway (1995) 183 CLR 525 cited Concrete Constructions Pty Ltd v Plumbers and Gasfitters Employees Union (No 2) (1987) 15 FCR 64 cited Australian Building Construction Employees' and Builders Labourers' Federation v Commonwealth of Australia (1986) 161 CLR 88 applied Stancomb v Trowbridge Urban District Council [1910] 2 Ch 190 cited Attorney-General v Times Newspapers Ltd [1992] 1 AC 191 cited McNair Anderson Associates Pty Ltd v Hinch [1985] VR 309 cited Australian Securities and Investment Commission v Mathews (1999) 32 ACSR 404 cited
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v RICHARD DAVID HUGHES (AKA RICHARD DAVID ZERO POPULATION GROWTH HUGHES, and DAVID ROY HUGHES) Trading as CROWDED PLANET N 941 OF 2000 TAMBERLIN J SYDNEY 2 FEBRUARY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N941 OF 2000
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: RICHARD DAVID HUGHES (AKA RICHARD DAVID ZERO POPULATION GROWTH HUGHES, and DAVID ROY HUGHES)
Trading as CROWDED PLANET
RESPONDENT
JUDGE: TAMBERLIN J DATE OF ORDER: 2 FEBRUARY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: (1) The respondent be imprisoned for a period of two weeks. (2) The warrant for the respondent's committal to prison for a period of two weeks be issued. (3) The warrant is to lie in the Registry for thirty days from today to the intent that it not be executed, provided that within that period the respondent posts on the internet site located at http://www.crowded.org the notice referred to in order 7(a) made on 9 November 2000. (4) The respondent is to pay the Commission's costs on a solicitor-client basis
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