Buchanan Turf Supplies Pty Limited v Premier Turf Supplies Pty Ltd [2004] FCA 1694

FEDERAL COURT OF AUSTRALIA

Buchanan Turf Supplies Pty Limited v Premier Turf Supplies Pty Ltd

[2004] FCA 1694 CONTEMPT – penalties – where the Court has found that the respondent breached an order of the Court – whether a monetary penalty is sufficient to uphold the Court's authority and to deter the respondent from further breaches – where the respondent has persistently disregarded court procedures and orders – the respondent has offered reimbursement – the respondent has consented to pay indemnity costs – the appropriate order is that a warrant for the respondent's arrest lie in the registry on condition that the respondent commit no further breach of the Court's order Crimes Act 1914 (Cth) s 16A Federal Court Act 1976 (Cth) s 31 Judiciary Act 1903 (Cth) s 24 Australian Competition & Consumer Commission v INFO4PC.com Pty Ltd (2002) 121 FCR 24 Australian Competition & Consumer Commission v Purple Harmony Plates Pty Ltd (No 3)(2002) 196 ALR 576 Australian Competition & Consumer Commission v World Netsafe Pty Ltd (2003) 133 FCR 279 Australian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Australian Securities and Investments Commission v Matthews (1999) 32 ACSR 404 Hughes v Australian Competition & Consumer Commission [2004] FCAFC 319 Pelechowski v Registrar, Court of Appeal (1999) 198 CLR 435 Rip Curl International Pty Limited v Phone Lab Pty Limited [2004] FCA 1215 BUCHANAN TURF SUPPLIES PTY LIMITED v PREMIER TURF SUPPLIES PTY LTD, PETER GARAY & MELINDA GARAY

NSD473 OF 2002 BENNETT J 9 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD473 OF 2002

BETWEEN: BUCHANAN TURF SUPPLIES PTY LIMITED

APPLICANT

AND: PREMIER TURF SUPPLIES PTY LTD

FIRST RESPONDENT

PETER GARAY