Four Seasons Gutter Protection Pty Ltd v Leafbusters Pty Ltd (No 2) [2004] FCA 1402

FEDERAL COURT OF AUSTRALIA

Four Seasons Gutter Protection Pty Ltd v Leafbusters Pty Ltd (No 2) [2004] FCA 1402

CONTEMPT OF COURT – publication of slightly amended version of injuncted document – no legal advice – recklessness – aggravating factors – malice – company and individual respondents – whether separate penalties – separate contempts in one course of conduct – discounting of total – effect of forfeiture of interlocutory relief and costs liability – effect of indemnity costs order

Four Seasons Gutter Protection Pty Ltd v Leafbusters Pty Ltd [2994] FCA 1290 cited Mill v The Queen (1988) 166 CLR 54 at 63 applied Australian Competition and Consumer Commission v Commercial and General Publications Pty Ltd [2002] FCA 1349 at [27]-[28] cited Australian Prudential Regulation Authority v Holloway [2000] FCA 1245 at [13] cited Australian Competition and Consumer Commission v Murray [2003] FCA 47 at [32] cited Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 2) (2002) 190 ALR 169 at [39] cited Construction, Forestry, Mining & Energy Union v BHP Steel (AIS) Pty Ltd [2003] FCAFC 13 at [53] cited

Thomas, Principles of Sentencing, 2nd ed. 1979 p 57 FOUR SEASONS GUTTER PROTECTION PTY LTD V LEAFBUSTERS PTY LTD V 889 OF 2004 HEEREY J MELBOURNE 29 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 889 OF 2004

BETWEEN: FOUR SEASONS GUTTER PROTECTION PTY LTD

(ACN 105 248 191) & ORS

APPLICANTS

AND: LEAFBUSTERS PTY LTD (ACN 059 092 214)

FIRST RESPONDENT

THEOFANI TSIORIS

SECOND RESPONDENT JUDGE: HEEREY J

DATE OF ORDER: 29 OCTOBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The first respondent pay the sum of $14,000 by way of penalty to the District Registrar, Victoria District Registry, Federal Court of Australia within 30 days. 2. The second respondent pay the sum of $14,000 by way of penalty to the District Registrar, Victoria District Registry, Federal Court of Australia within 30 days. 3. Within 7 days, the respondents: (a) deliver up to their solicitors, for forwarding to the applicants' solicitors, all copies in their possession or in the possession of their servants or agents of the 'Alert Alert' document, the Amended 'Alert Alert' document, the Second Amended 'Alert Alert' document and the Third Amended 'Alert Alert' document; (b) file and serve an affidavit specifying and describing the documents delivered up in accordance with order 3(a) and stating from whose possession such documents have been delivered up.