Electrolux Home Products Pty Limited v Westside Direct Pty Limited [2003] FCA 1014

FEDERAL COURT OF AUSTRALIA

Electrolux Home Products Pty Limited v Westside Direct Pty Limited [2003] FCA 1014 CONTEMPT – failure to comply with interlocutory orders

Grant v Southwestern and County Properties Ltd [1975] 1 Ch 18 Beneficial Finance Corporation Co Ltd v Conway [1970] VR 321 Cassidy v Engwirda Construction Co [1967] QWN 16 Australian National Airlines Commission v Commonwealth of Australia (1975) 132 CLR 582 Butera v Director of Public Prosecutions for the State of Victoria (1987) 164 CLR 180 Construction, Forestry, Mining & Energy Union v BHP Steel (AIS) Pty Ltd [2003] FCAFC 13 ELECTROLUX HOME PRODUCTS PTY LIMITED v WESTSIDE DIRECT PTY LIMITED & ANOR N 857 OF 2003 STONE J 24 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 857 OF 2003

BETWEEN: ELECTROLUX HOME PRODUCTS PTY LIMITED

(ABN 51 004 762 341)

APPLICANT

AND: WESTSIDE DIRECT PTY LIMITED (ABN 65 104 172 947)

FIRST RESPONDENT

DAVID AUSTIN

SECOND RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 24 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. Each of the first and second respondents is guilty of contempt by reason of their failure to comply with order 4 and orders 5(a), (b) and (c) of the orders made in this proceeding on 22 July 2003.

AND THE COURT ORDERS THAT:

2. Each of the first and second respondents is fined the sum of $3,500, to be paid to the Registrar within 28 days of the date of this order.

3. The first and second respondents pay the applicant's cost 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 second respondents in respect of such costs.