Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rip Curl International Pty Ltd v Phone Lab Pty Ltd (No 2) [2004] FCA 1553
CONTEMPT – penalty – application brought seeking variation of penalty to allow payment by instalments – attempt to adduce evidence as to the financial position of the respondents – evidence could have been adduced at hearing – no justification for reopening of orders – in any event, payment by instalments would not have been ordered, as such an order would significantly reduce the efficacy of the penalty – application dismissed De L v Director General of the New South Wales Department of Community Services (No 2) (1997) 190 CLR 207 cited Hanave Pty Limited v LFOT Pty Limited [1999] FCA 572 cited RIP CURL INTERNATIONAL PTY LTD & ORS v PHONE LAB PTY LTD & ORS V 394 OF 2004 HELY J 25 NOVEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 394 OF 2004
BETWEEN: RIP CURL INTERNATIONAL PTY LTD
(ACN 006 129 746)
FIRST APPLICANT
MAMBO GRAPHICS PTY LTD
(ACN 002 678 306)
SECOND APPLICANT
AUSTRALIAN RUGBY UNION LIMITED
(ACN 002 898 544)
THIRD APPLICANT
NOKIA CORPORATION
FOURTH APPLICANT
AND: PHONE LAB PTY LTD
(ACN 091 378 648)
FIRST RESPONDENT
ANDREW CHENG
SECOND RESPONDENT
JEFF WANG
THIRD RESPONDENT
JOAN PHOI MAN VONG TRADING AS D G TEL
FOURTH RESPONDENT
GEORGE DIB
FIFTH RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 25 NOVEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The motion filed on 28 October 2004 by the first and third respondents be dismissed with costs. 2. The orders made by Hely J on 17 September 2004 be varied by replacing '28 October 2004' in orders 1 and 2 with '28 February 2004'. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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