Box Hill Institute of TAFE v Withall [2012] FCA 1023

FEDERAL COURT OF AUSTRALIA

Box Hill Institute of TAFE v Withall [2012] FCA 1023 Citation: Box Hill Institute of TAFE v Withall [2012] FCA 1023

Parties: BOX HILL INSTITUTE OF TAFE v ANDREW WITHALL

File number: VID 651 of 2012

Judge: MURPHY J

Date of judgment: 11 September 2012

Catchwords: INJUNCTIVE RELIEF – relevant principles

Date of hearing: 11 September 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 18

Counsel for the Applicant: Mr S Sapountsis

Solicitor for the Applicant: Moores Legal

Counsel for the Respondent: The Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 651 of 2012

BETWEEN: BOX HILL INSTITUTE OF TAFE

Applicant

AND: ANDREW WITHALL

Respondent

JUDGE: MURPHY J DATE OF ORDER: 11 SEPTEMBER 2012 WHERE MADE: MELBOURNE

UPON THE UNDERTAKING OF BOX HILL INSTITUTE OF TAFE by its Counsel to commence a proceeding in relation to the subject matter of the application by 21 September 2012.

THE COURT ORDERS THAT:

1. Andrew Withall by himself, his servants and agents is, until 5.00 pm on 28 September 2012 or further order, restrained from: (a) publishing on the website www.coursesdirectory.com.au or on any related or networked website, any statement referring to or in relation to Box Hill Institute of TAFE which includes the following words or words to the effect of: (i) "Account suspended"; (ii) "Student Warning: Account Suspended"; or (iii) "Student Warning: A number of Organisations within the Education sector are experiencing troubled financial times, some have gone into receivership and/or bankruptcy. Others are unable to pay their bills or to guarantee provision of courses that students have enrolled into. Currently we are in dispute with this particular Education Provider regarding an outstanding invoice and as such we have been left with no alternative other than to suspend their account until the matter is resolved." (b) Publishing on the website www.coursesdirectory.com.au, or on any related or networked website, the corporate logo, trade mark or trade indicia of Box Hill Institute of TAFE, without the prior written consent of Box Hill Institute of TAFE. (c) Publishing in any medium a claim or any statement to the effect that Box Hill Institute of TAFE owes any monies to Mr Withall or his businesses known as "Courses Directory" or "OD Australia". 2. Service of this order upon Andrew Withall be effected by being attached to an email sent to his email address namely info@coursesdirectory.com.au and also by ordinary mail to his address at 31 Wondaree Street, Rye, Victoria. 3. The application is listed for directions, including as to the continuation of the injunction, on 28 September 2012 at 9.30 am. 4. Costs reserved. NOTICE PURSUANT TO RULE 41.06 OF THE FEDERAL COURT RULES 2011 TO: Andrew Withall You are liable to imprisonment, sequestration of property or to punishment for contempt if: (a) where this order requires you to do an act or thing within a specified time, you refuse or neglect to do the act within that time; or (b) where this order requires you not to do an act or thing, you disobey the order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.