Four Seasons Gutter Protection Pty Ltd v Leafbusters Pty Ltd [2004] FCA 1290

FEDERAL COURT OF AUSTRALIA

Four Seasons Gutter Protection Pty Ltd v Leafbusters Pty Ltd [2004] FCA 1290 CONTEMPT OF COURT – applicant and first respondent competitors in business of supplying and installing guttering protection – second respondent chief executive officer of first respondent – publication by respondents of document making serious allegations against applicant and its directors – interlocutory injunction against respondents – subsequent publication of amended versions of document – whether breach of injunction – whether respondents responsible – whether respondents liable for contempt of court EQUITY – respondents found guilty of contempt of court – whether respondents' application for interlocutory relief should be refused as not being sought with clean hands Witham v Holloway (1995) 183 CLR 525 at 534 applied Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 at 112-113 applied Meyers v Casey (1913) 17 CLR 90 applied Hubbard v Vosper [1972] 2 QB 84 applied Littlewood v Caldwell (1822) 11 Price 97, 147 ER 413 applied R v Guiren (1962) 79 WN (NSW) 811 at 813 applied Chanel Ltd v Woolworth & Co Ltd [1981] 1 WLR 485 at 492 applied

C J Miller, Contempt of Court (3rd edition, 2000) at 657

FOUR SEASONS GUTTER PROTECTION PTY LTD & ORS V LEAFBUSTERS PTY LTD & ORS V889 of 2004 LEAFBUSTERS PTY LTD & ORS v FOUR SEASONS GUTTER PROTECTION PTY LTD & ORS V930 of 2004

HEEREY J 11 OCTOBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 889 OF 2004

V 930 OF 2004

BETWEEN: FOUR SEASONS GUTTER PROTECTION PTY LTD

(ACN 105 248 191) & ORS

APPLICANTS

AND: LEAFBUSTERS PTY LTD (ACN 059 092 214) & ANOR

RESPONDENTS

AND