Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Amway of Australia v Clifone Pty Ltd (No. 1) [2008] FCA 228
TRADE PRACTICES – misleading or deceptive conduct – representations made by independent business organisation or distributor in communications against international direct-selling business – application for substantive relief for alleged contraventions of s 52 – declaration and damages - Trade Practices Act 1974 (Cth) ss 52, 82, 87
CIVIL PROCEDURE – motions for contempt of interlocutory orders of the court – interlocutory orders to restrain independent business organisation or distributor from publishing statements against international direct-selling business – applicable principles as to contempt – whether wilful disobedience requires more than a deliberate act
Trade Practices Act 1974 (Cth) ss 52, 82, 87
Australian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 referred to Lade & Co Pty Ltd v Black [2006] QCA 294referred to Witham v Holloway (1995) 183 CLR 525cited
AMWAY OF AUSTRALIA AND ANTHONY WILLIAM GREIG v CLIFONE PTY LIMITED AND TREVOR RICHARD CHATHAM NSD 1554 OF 2006
EDMONDS J
7 MARCH 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1554 of 2006
BETWEEN: AMWAY OF AUSTRALIA
First Applicant
ANTHONY WILLIAM GREIG
Second Applicant
AND: CLIFONE PTY LIMITED
First Respondent
TREVOR RICHARD CHATHAM
Second Respondent
JUDGE: EDMONDS J DATE OF ORDER: 7 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicants' motion dated and filed 29 August 2006 be dismissed. 2. The applicants' charges that the second respondent's email of 12 April 2007 breached Orders 5(e)(iv) and 5(b) of the Orders made by the Court on 16 August 2006 are proved, but otherwise the applicants' motion dated and filed 24 April 2007 be dismissed. 3. The respondents' motion dated 19 March 2007 and filed 21 March 2007 be upheld and, in consequence, Orders 5(b), (c), (d), (e) and (f) of the Orders made by the Court on 16 August 2006 be set aside, effective 20 June 2007. 4. The applicants' motion dated and filed 18 June 2007 be upheld and, in consequence, Order 5(a) of the Orders made by the Court on 16 August 2006 read, effective 20 June 2007: 'Using or disclosing any confidential information of the first applicant, including but not limited to the database and name details maintained at a2k.com.au and the email addresses of IBOs.'
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