Century Yuasa Batteries Pty Ltd v Martin [2002] FCA 722

FEDERAL COURT OF AUSTRALIA

Century Yuasa Batteries Pty Ltd v Martin [2002] FCA 722 CENTURY YUASA BATTERIES PTY LTD v DAVID ROGER MARTIN QG 10 OF 1998

DRUMMOND J BRISBANE 6 JUNE 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 10 OF 1998

BETWEEN: CENTURY YUASA BATTERIES PTY LTD

APPLICANT

AND: DAVID ROGER MARTIN

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 6 JUNE 2002

WHERE MADE: BRISBANE

THE COURT DECLARES THAT:

1. The respondent committed contempt of court by failing to comply with Order 3 of the orders made by consent on 26 August 1999 in that he filled out two invoices dated 5 September 2000 relating to the sale of batteries by Apollo Batteries to Island Batteries and in that he had a number of discussions in the period referred to in par 1 of the Statement of Charge with Mark Thurlow and Gary Clayton in which he solicited purchases of batteries by Island Batteries from Apollo Batteries through Allan Burton while the latter was working for Apollo Batteries.

THE COURT ORDERS THAT:

2. The motion be adjourned in relation to the issues of penalty and costs to a date to be fixed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 10 OF 1998

BETWEEN: CENTURY YUASA BATTERIES PTY LTD

APPLICANT

AND: DAVID ROGER MARTIN

RESPONDENT

JUDGE: DRUMMOND J

DATE: 6 JUNE 2002

PLACE: BRISBANE

REASONS FOR JUDGMENT

1 The applicant, Century Yuasa Batteries Pty Ltd ("Century"), by motion, seeks orders in respect of the respondent, Mr David Martin's alleged contempt of court constituted by his breach of an injunction issued by this Court. 2 For a substantial period prior to the mid 1990s, Martin and his associated company were involved in the sale, on their own account, of batteries in Tasmania. In the mid 1990s, this company became Century's exclusive agent for the sale in Tasmania of its batteries. In February 1998, Century commenced proceedings against Martin and others in respect of, among other things, the breach by his company of this agency agreement. Century sought extensive relief against the various respondents in the action. This relief included declarations of Century's entitlement to cancel the agency agreement with Martin's company, damages against that company and Martin for breach of confidence and an injunction restraining each from carrying on any business involving the marketing of batteries in competition with Century in Tasmania for four years from February 1998. The action was ultimately settled in August 1999 and consent orders were made, which included an injunction restraining Martin from using any of Century's confidential information (which included customer lists) and an order that Martin pay damages to Century of $1,048,291. Another of the injunctive orders made by consent on this occasion was the following: