Louis Vuitton Malletier SA v Design Elegance Pty Ltd [2006] FCA 83

FEDERAL COURT OF AUSTRALIA

Louis Vuitton Malletier SA v Design Elegance Pty Ltd [2006] FCA 83

CONTEMPT – whether breach of a court order constitutes civil or criminal contempt – whether imposition of a fine is an appropriate penalty – whether a claim for contempt may be the subject of an offer for settlement – whether an offer by a solicitor for the aggrieved party to settle or compromise conduct constituting trade-mark re-infringement and contempt involves impropriety when the offer seeks more than the aggrieved party has a legal right to claim in respect of the re-infringement – whether such impropriety should result in the Court exercising its discretion as to costs adversely to the aggrieved party notwithstanding that it has succeeded in its claim of contempt

SOLICITORS – consideration of the principles relevant to an offer by a solicitor for the aggrieved party to waive, settle or comprise a claim of contempt

Australian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 - cited Witham v Holloway (1995) 183 CLR 525 - applied Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) (2005) 215 ALR 281 - cited Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd (2003) 196 ALR 350 – cited Rip Curl International Pty Ltd v Phone Lab Pty Ltd (2004) 63 IPR 496 – cited John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351 - cited Pojé v Attorney-General of British Columbia [1953] 1 SCR 516 – cited Gompers v Buck Stove & Range Co 221 US 418 (1911) – cited Attorney-General v Times Newspapers Ltd [1974] AC 273 - cited Harman v Secretary of State for the Home Department [1983] AC 280 - cited Kerridge v Simmonds (1906) 4 CLR 253 - cited LOUIS VUITTON MALLETIER SA v DESIGN ELEGANCE PTY LTD AND BARBARA ANNE MASKIELL VID 579 OF 2003 MERKEL J 14 FEBRUARY 2006 MELBOURNE