Australian Competition & Consumer Commission v Purple Harmony Plates Pty Limited (No 3) [2002] FCA 1487

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Purple Harmony Plates Pty Limited (No 3) [2002] FCA 1487

CONTEMPT – failure to comply with court orders – order sought requiring respondents to perform certain acts to transfer registration of domain name to Australian Competition and Consumer Commission – purpose of transfer to enable Australian Competition and Consumer Commission to post corrective advertising on website – whether transfer futile – warrant sought for committal of respondents to prison – respondent denied authority and jurisdiction of the court – whether failure to comply with orders wilful. PRACTICE AND PROCEDURE – jurisdiction – order sought requiring respondents to facilitate transfer of registration of domain name to Australian Competition and Consumer Commission – registrar of domain name outside jurisdiction – property the subject of the order sought outside jurisdiction – registrant of domain name within jurisdiction. Federal Court Rules: O 37 r3 Federal Court of Australia Act 1976 (Cth): s 23 Australian Competition and Consumer Commission v Purple Harmony Plates Pty Limited [2001] FCA 1062, referred to Gunter v Hollingworth [2002] FCA 943, considered Cameron v Cole (1944) 68 CLR 571, applied Re Wakim; Ex parte McNally (1999) 198 CLR 511, applied Matthews v Australian Securities & Investments Commission (2000) 97 FCR 396, applied Australia and New Zealand Banking Group Ltd v Merribee Pastoral Industries Pty Ltd (1998) 84 FCR 367, applied Medibank Private Ltd v Cassidy [2002] FCAFC 290, referred to Jackson v Sterling Industries Limited (1987) 162 CLR 612, referred to Patrick Stevedores Operations (No 2) Pty Ltd v Maritime Union of Australia (1998) 153 ALR 643, referred to Cardile v LED Builders Pty Ltd (1999) 198 CLR 380, referred to Penn v Lord Baltimore (1750) 1 Ves Sen 444; 27 ER 1132, applied Tritech Technology Pty Ltd v Gordon (2000) 48 IPR 52, referred to National Australia Bank Ltd v Dessau [1988] VR 521, applied Australian Securities and Investments Commission v Matthews (1999) 32 ACSR 404, referred to Australian Competition and Consumer Commission v Goldstar Corporation Pty Ltd (Drummond J, 6 November 1998, unreported), referred to Australian Competition and Consumer Commission v INFOPC.com Pty Ltd [2002] FCA 949, applied Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98, considered AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PURPLE HARMONY PLATES PTY LIMITED (No 3) V 866 of 2000 GOLDBERG J 29 NOVEMBER 2002 MELBOURNE