Australian Competition & Consumer Commission v Jayco Pty Ltd [2003] FCA 94

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Jayco Pty Ltd [2003] FCA 94 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v JAYCO PTY LTD (ACN 057 480 556), DAVID FRANCIS and MICHAEL JOSEPH CARMODY VG 567 of 1997

RYAN J MELBOURNE 17 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 567 of 1997

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: JAYCO PTY LTD (ACN 057 480 556)

First Respondent

DAVID FRANCIS

Second Respondent

MICHAEL JOSEPH CARMODY

Third Respondent

JUDGE: RYAN J

DATE OF ORDER: 17 FEBRUARY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. A fine of $9,000 be imposed on the second respondent for his contempt of Court constituted by breaches between April and December 2001 of orders of the Court made on 3 November 1997; 2. The second respondent pay the applicant's costs to be taxed as between solicitor and client if not agreed; 3. There be a stay of 60 days from this day for payment of the said fine; 4. There be a stay of 60 days from the date on which the costs are taxed or agreed for payment of the said costs; 5. Liberty be reserved to the applicant and the second respondent to apply on not less than 48 hours notice to the other party. 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 VG 567 of 1997

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: JAYCO PTY LTD (ACN 057 480 556)

First Respondent

DAVID FRANCIS

Second Respondent

MICHAEL JOSEPH CARMODY

Third Respondent