CRS Technologies Pty Limited v Jowa Group Pty Limited [2003] FCA 128

FEDERAL COURT OF AUSTRALIA

CRS Technologies Pty Limited v Jowa Group Pty Limited [2003] FCA 128 CRS TECHNOLOGIES PTY LIMITED v JOWA GROUP PTY LIMITED & ORS N 1287 of 2000 WHITLAM J 28 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1287 of 2000

BETWEEN: CRS TECHNOLOGIES PTY LIMITED

APPLICANT

AND: JOWA GROUP PTY LIMITED

FIRST RESPONDENT

ENVIRO CYCLE WASTE WATER TREATMENT

SYSTEMS PTY LIMITED

SECOND RESPONDENT

JOHN ANTHONY WATKINS

THIRD RESPONDENT

JOWA GROUP PTY LIMITED

FIRST CROSS-CLAIMANT

ENVIRO CYCLE WASTE WATER TREATMENT

SYSTEMS PTY LIMITED

SECOND CROSS-CLAIMANT

CRS TECHNOLOGIES PTY LIMITED

FIRST CROSS-RESPONDENT

AWTS MAINTENANCE SERVICES PTY LIMITED

SECOND CROSS-RESPONDENT

FREDERICK CHARLES SEYMORE

THIRD CROSS-RESPONDENT

JUDGE: WHITLAM J

DATE OF ORDER: 28 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT DECLARES THAT: 1. Each of the first and third respondents is guilty of contempt by reason of breach of the undertaking in paragraph 11 given to the Court on 26 October 2001.

AND THE COURT ORDERS THAT: 2. Each of the first and third respondents is fined the sum of $5,000. 3. The first and third respondents pay the applicant's costs of the motion except insofar as they are of an unreasonable amount or were unreasonably incurred so that, subject to such exceptions, the applicant will be completely indemnified by the first and third respondents in respect of such costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.