Custom Security Services v C & S Systems [2007] FCA 1879

FEDERAL COURT OF AUSTRALIA

Custom Security Services v C & S Systems [2007] FCA 1879

CUSTOM SECURITY SERVICES PTY LTD v C & S SYSTEMS PTY LTD T\AS COL HEALEY'S IPS SECURITY AND COLIN HEALEY ACD 26 of 2006

MADGWICK J

19 NOVEMBER 2007

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 26 of 2006

BETWEEN: CUSTOM SECURITY SERVICES PTY LTD

Applicant

AND: C & S SYSTEMS PTY LTD T\AS COL HEALEY'S IPS SECURITY AND COLIN HEALEY

First Respondent

COLIN HEALEY

Second Respondent

JUDGE: MADGWICK J DATE OF ORDER: 19 NOVEMBER 2007

WHERE MADE: CANBERRA

THE COURT FINDS THAT:

1. The second respondent was in contempt of court.

THE COURT ORDERS THAT:

2. The second respondent is to pay a fine of $5000 to the Registrar within 28 days. 3. The second respondent be given liberty to apply to pay the fine by instalments over such period as any judge may in Chambers determine. 4. The second respondent is to pay the costs of the proceedings including the costs of the applicant incurred as against the first respondent. 5. The applicant be given liberty to apply, if so advised, to receive the fine or any such part of it as may be appropriate. 6. The applicant be given liberty to apply concerning any orders to be made against the first respondent including as to costs. 7. In that regard, the findings expressed against the first respondent in the reasons for these orders and the intention expressed therein to fine it are subject to any material later filed or argument later presented by the first respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 26 of 2006

BETWEEN: CUSTOM SECURITY SERVICES PTY LTD