Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Metcash Trading Limited v Bunn (No 6) [2009] FCA 266 CONTEMPT – civil contempt – principles governing imposition of penalty – costs – discretion to award indemnity costs in contempt proceedings – whether immediate taxation appropriate in contempt proceedings Metcash Trading Limited v Bunn (No 5) [2009] FCA 16 cited Louis Vuitton Malletier SA v Design Elegance Pty Ltd (2006) 225 ALR 541 cited Australian Competition and Consumer Commission v World Netsafe Pty Ltd (2003) 133 FCR 279 cited Real Tech Systems Integration Pty Ltd v Meuross (1998) 82 FCR 150 cited Nelmac Pty Ltd v Construction, Forestry, Mining and Energy Union [1999] FCA 929 cited Concrete Constructions Pty Ltd v Plumbers and Gasfitters Employees' Union (No 2) (1987) 15 FCR 64 cited Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd (2003) 196 ALR 350 cited Dal Pont, Law of Costs (2nd ed, 2009) METCASH TRADING LIMITED (ACN 000 031 569), IGA DISTRIBUTION PTY LTD (ACN 004 391 422) and AUSTRALIAN LIQUOR MARKETERS PTY LTD (ACN 002 885 645) v PETER CHADLEY BUNN
No SAD 29 of 2006
FINN J
27 MARCH 2009
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 29 of 2006
BETWEEN: METCASH TRADING LIMITED (ACN 000 031 569)
First Applicant
IGA DISTRIBUTION PTY LTD (ACN 004 391 422)
Second Applicant
AUSTRALIAN LIQUOR MARKETERS PTY LTD
(ACN 002 885 645)
Third Applicant
AND: PETER CHADLEY BUNN
Respondent
JUDGE: FINN J
DATE OF ORDER: 27 MARCH 2009
WHERE MADE: ADELAIDE
THE COURT DECLARES THAT:
1. The respondent is guilty of contempt by reason of his breach of Order 3.5(c) of the order of this Court made on 9 March 2006.
THE COURT ORDERS THAT:
1. The respondent be fined in the sum of $2,000. 2. The respondent pay the applicant's costs of the notice of motion to be taxed and payable forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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