Natural Floor Covering Centre Pty Ltd v Monamy (No 1) [2006] FCA 518

FEDERAL COURT OF AUSTRALIA

Natural Floor Covering Centre Pty Ltd v Monamy (No 1) [2006] FCA 518

CONTEMPT OF COURT – whether respondent in breach of orders of the court – respondent found guilty of contempt of court Witham v Holloway (1995) 183 CLR 525 followed Johnson v Miller (1937) 59 CLR 467 applied Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575 applied NATURAL FLOOR COVERING CENTRE PTY LTD (ACN 001 211 392) v DENNIS MONAMY NSD 1658 OF 2005 RARES J 12 APRIL 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1658 OF 2005

BETWEEN: NATURAL FLOOR COVERING CENTRE PTY LTD

(ACN 001 211 392)

APPLICANT

AND: DENNIS MONAMY

RESPONDENT

JUDGE: RARES J

DATE OF ORDER: 12 APRIL 2006

WHERE MADE: SYDNEY

THE COURT: 1. Grants leave to the applicant to amend the statement of charge by: (a) Deleting in paragraph 11 the reference to paragraph 7 and substituting paragraph 10; and (b) Deleting in paragraph 7 the word "as" and substituting "and". 2. Directs that the applicant file and serve on or before 4pm on 19 April 2006, written submissions as to: (a) Whether charge 2 is bad for duplicity; (b) Whether that charge ought to be amended; and (c) If so, what amendment is sought and what evidence is relied on in support of the charge of the amendment. 3. Directs that the respondent file and serve submissions in response to the applicant's submissions on or before 4pm on 28 April 2006. 4. List the matter for judgment or further mention on 9 May 2006 at 9:30am before Rares J. 5. List the matter for sentence on 29 May 2006 at 10:15am before Rares J. 6. Reserves costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.