TS & B Retail Systems Pty Ltd v 3fold Resources Pty Ltd (No 2) [2004] FCA 1101

FEDERAL COURT OF AUSTRALIA

TS & B Retail Systems Pty Ltd v 3fold Resources Pty Ltd (No 2) [2004] FCA 1101 CONTEMPT – injunction – breach of – penalty

Federal Court Rules Order 37, r 2

Degmam Pty Ltd (in Liq) v Wright (No 2) [1983] 2 NSWLR 354 applied Hughes v Western Australian Cricket Association (Inc) [1986] ATPR 48,134 cited Inn Leisure Industries Pty Ltd v D F McCloy Pty Ltd (No 2) (1991) 28 FCR 172 cited J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers, Western Australian Branch (No 2) (1993) 46 IR 301 referred to TS & B RETAIL SYSTEMS PTY LTD v 3FOLD RESOURCES PTY LTD, PETER VANDERZAAG, FRANCIS D'MELLO and GARY WILLIAM SMITH V 147 of 2003 FINKELSTEIN J 25 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 147 of 2003

BETWEEN: TS & B RETAIL SYSTEMS PTY LTD

Applicant

AND: 3FOLD RESOURCES PTY LTD,

PETER VANDERZAAG,

FRANCIS D'MELLO and

GARY WILLIAM SMITH

Respondents

JUDGE: FINKELSTEIN J

DATE OF ORDER: 25 AUGUST 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. 3fold Resources Pty Ltd be adjudged guilty of contempt.

2. 3fold Resources Pty Ltd pay seventy percent (70%) of the applicant's costs of this motion, such costs to be taxed on a solicitor and client basis.

3. The orders in V147 of 2003 made on 11 April 2003 be varied so that paragraph 1 (c) (iii) reads as follows:

"the Respondents or any of them if requested by a customer by reference or partial reference to a part number which is within the definition of Copyright Materials, from:

(A) supplying (otherwise than by reference to other Copyright Materials) that item; or

(B) storing that item

and if necessary by that number".