Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alpha Energy Pty Ltd v Violi [2010] FCA 1210
Citation: Alpha Energy Pty Ltd v Violi [2010] FCA 1210
Parties: ALPHA ENERGY PTY LTD (ACN 073 737 578) v ANTHONY PAUL VIOLI and DELTA V PTY LTD (ACN 140 685 007)
File number: VID 248 of 2010
Judge: DODDS-STREETON J
Date of judgment: 5 November 2010
Catchwords: CONTEMPT OF COURT – whether contempt by applicant company, a director and employee by breach of Harman obligation – whether used respondents' discovered documents for collateral purpose of soliciting business from respondents' customers – whether the applicant should be compelled to produce further documents and swear affidavit in relation to contempt – discussion of nature of contempt proceedings and standard of proof – evidence insufficient to satisfy relevant standard of proof – notice of motion dismissed
Legislation: Evidence Act 1995 (Cth), ss 128, 187 Federal Court of Australia Act 1976 (Cth), s 31 Federal Court Rules (Cth), O 33 r 11, O 33 r 12; O 40 Judiciary Act 1903 (Cth), s 24
Cases cited: Australian Securities and Investments Commission v Reid [2005] FCA 1274 Barca v R (1975) 133 CLR 82 CCOM Pty Ltd v Jiejing Pty Ltd (1992) 37 FCR 1 Harman v Home Department State Secretary [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 McLeod v Henty (1900) 25 VLR 648 Microsoft Corporation v CX Computer Pty Ltd (2002) 116 FCR 372 Refrigerated Express Lines A/asia Pty Ltd v Australian Meat & Livestock Corp (1979) 42 FLR 204 Sharpe v Deputy Commissioner of Taxation (NSW) (1998) 20 ATR 164 Television Broadcasts Ltd v Choi Wan Cheung T/A ABM Video [1998] FCA 1318 Trade Practices Commission v Abbco Iceworks Pty Ltd (1994) 52 FCR 96 WR Carpenter & Co Pty Ltd v Wollongong Instant Scaffolds Pty Ltd (1992) 36 FCR 10
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