Buchanan Turf Supplies Pty Limited v Premier Turf Supplies Pty Ltd [2004] FCA 1230

FEDERAL COURT OF AUSTRALIA

Buchanan Turf Supplies Pty Limited v Premier Turf Supplies Pty Ltd

[2004] FCA 1230

CONTEMPT – civil contempt – where it is alleged the second respondent breached an order of the Court – whether the second respondent made representations that he was authorised to sell a variety of grass – breach denied by second respondent – conflicting witness accounts as to conversations – standard of proof – "beyond reasonable doubt" Plants Breeders Rights Act 1994 (Cth) s 44(4) Federal Court Rules O 37 r 2 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Liberato v The Queen (1985) 159 CLR 507 R v Raymond Peter Anderson (2001) 127 A Crim R 116 Witham v Holloway (1995) 183 CLR 525 BUCHANAN TURF SUPPLIES PTY LIMITED v PREMIER TURF SUPPLIES PTY LTD, PETER GARAY & MELINDA GARAY N473 OF 2002 BENNETT J 21 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N473 OF 2002

BETWEEN: BUCHANAN TURF SUPPLIES PTY LIMITED

APPLICANT

AND: PREMIER TURF SUPPLIES PTY LTD

FIRST RESPONDENT

PETER GARAY

SECOND RESPONDENT

MELINDA GARAY

THIRD RESPONDENT

JUDGE: BENNETT J

DATE: 21 SEPTEMBER 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant, Buchanan Turf Supplies Pty Limited ('Buchanan Turf'), seeks a declaration that the second respondent, Peter Garay ('Mr Garay'), be found guilty of contempt. This alleged contempt arises from what are said to be breaches of orders made by Hely J on 25 March 2003. Further, the applicant seeks an order that the Mr Garay be committed to imprisonment. This action has been commenced by notice of motion in the proceedings heard by Hely J. I have been asked to defer any consideration of penalty should I find the contempt proved.