Australian Competition & Consumer Commission v Purple Harmony Plates Pty Limited [2002] FCA 407

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Purple Harmony Plates Pty Limited [2002] FCA 407

CONTEMPT – failure to comply with court order – injunctions restraining respondents from making misleading and deceptive representations in relation to products – orders for corrective advertising – fines imposed for deliberate and wilful refusal and neglect to comply with order.

Federal Court of Australia Act 1976 (Cth) – ss 23, 31

Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 – applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PURPLE HARMONY PLATES PTY LIMITED V 866 of 2000 GOLDBERG J 9 APRIL 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 866 of 2000

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: PURPLE HARMONY PLATES PTY LIMITED

(ACN 077 965 587)

First Respondent

NEAL ARTHUR LYSTER

Second Respondent

HELEN THERESE GLOVER

Third Respondent JUDGE: GOLDBERG J

DATE OF ORDER: 9 APRIL 2002

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT:

1. The first respondent is guilty of contempt of this Court by its conduct in breaching paragraph 1 of the order made by Goldberg J on 6 August 2001 and by its conduct in failing to comply with paragraphs 3, 4 and 6 of the said order.

2. The second respondent and the third respondent are each guilty of contempt of this Court by their conduct in breaching paragraph 2 of the said order and by their conduct in failing to comply with paragraphs 3, 4 and 6 of the said order.

THE COURT ORDERS THAT:

3. The first respondent pay a fine of $20,000 to the District Registrar of the Court within sixty days of the date of this order.