Australian Competition & Consumer Commission v Purple Harmony Plates Pty Limited (No 4) [2003] FCA 49

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Purple Harmony Plates Pty Limited (No 4) [2003] FCA 49

CONTEMPT – failure to comply with court orders – execution of warrant for committal dependent upon respondent performing certain acts and refraining from performing certain acts – acts required to be performed not performed and acts not to be performed were performed – order for execution of warrant for committal. AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PURPLE HARMONY PLATES PTY LIMITED & ORS (No 4) V 866 of 2000 GOLDBERG J 6 FEBRUARY 2003 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: 6 FEBRUARY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The warrant for the committal of the second respondent, Neal Arthur Lyster, to prison for a period of one month issued pursuant to the order of the Court dated 29 November 2002 be executed forthwith.

2. The second respondent pay the costs of the applicant of and incidental to its motion dated and filed 17 December 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

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