Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Allphones Retail Pty Limited (No 4) [2011] FCA 338 Citation: Australian Competition and Consumer Commission v Allphones Retail Pty Limited (No 4) [2011] FCA 338
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ALLPHONES RETAIL PTY LIMITED (ACN 008 168 090)
File number: NSD 1567 of 2008
Judge: NICHOLAS J
Date of judgment: 12 April 2011
Catchwords: CONTEMPT OF COURT – respondent gave undertakings to the Court not to withhold consent to assignment of its franchises on a certain basis – whether respondent contravened undertakings – general principles applicable to determination of a charge of civil contempt – what constitutes an "assignment" for the purposes of undertakings – whether consent to assignment "withheld" where no request to assign made but respondent indicated that consent to assignment would not be given – whether change of directors constitutes an assignment of franchise for purposes of undertakings in circumstances where franchise agreement deemed such a change to constitute an assignment – not an assignment for the purposes of undertakings EVIDENCE – admissibility of documents exhibited to affidavit – whether documents exhibited to affidavit are what they purport to be – authenticity of documents – whether admissible as business records – reliance on other evidence to support contention that documents exhibited to affidavit are what they purport to be – documents admissible as business records
Words & phrases: "assignment", "withhold consent"
Legislation: Evidence Act 1995 (Cth), s 48(1), s 55(1), s 58(1), s 69, s 142 and s 183 Trade Practices Act 1974 (Cth) s 51AE Trade Practices (Industry Code – Franchising) Regulations 1998 reg 3
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