Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mason v MWREDC Limited [2012] FCA 1083 Citation: Mason v MWREDC Limited [2012] FCA 1083
Parties: FRANK MAYNE MASON v MWREDC LIMITED and NARELLE PEARSE
File number: QUD 501 of 2011
Judge: GREENWOOD J
Date of judgment: 5 October 2012
Catchwords: CONTEMPT OF COURT – consideration of two charges of contempt of Court – consideration of the rules of practice and procedure governing applications for contempt – consideration of the notion of the "gist" of the charge as described in Coward v Stapleton (1953) 90 CLR 573 – consideration of the elements of that notion – consideration of the scope of rule 41 and particularly rule 41.02 of the Federal Court Rules 2011
Legislation: Federal Court Rules 2011, rr 7.23, 7.25, 20.17, 20.22, 7.29, 42.11, 39.01, 39.02, 39.31, 41.02, 41.04, 41.06, 41.07, 41.08, 39.35 Federal Court of Australia Act 1976 (Cth), s 31 Federal Court Rules, O 37, r 2
Cases cited: Mason v MWREDC Limited [2011] FCA 1512 - cited Re Colina and Another; Ex parte Torney (1999) 200 CLR 386 - cited Witham v Holloway (1995) 183 CLR 525 – cited and quoted Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 – cited and quoted Australian Competition and Consumer Commission v Info4pc.com Pty Ltd (2002) 121 FCR 24 - cited Re Perkins; Mesto v Galpin [1998] 4 VR 505 - cited Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 - cited Australian Competition and Consumer Commission v Contact Plus Group Pty Ltd (In Liq) [2006] FCA 695; (2006) 232 ALR 364 – cited Coward v Stapleton (1953) 90 CLR 573 – cited and quoted Inghams Enterprises v Timania [2005] FCAFC 155; (2005) 221 ALR 823 – cited and quoted Windsurfing International Inc v Sailboards Australia Pty Ltd (1986) 19 FCR 110 - cited Re Modern Woodcraft Pty Ltd (In Liquidation) (1997) 75 FCR 245 - cited Siminton v Australian Prudential Regulation Authority [2006] FCAFC 118 - cited Langley, Ex parte; Ex parte Smith; Re Bishop (1879) 13 Ch D 110 - cited Ronson Products Limited v Ronson Furniture Limited [1966] Ch 603 - cited Trade Practices Commission v CG Smith Pty Limited (1978) 30 FLR 368 - cited Sunbrite Products (Aust) Pty Limited v Jabuna Pty Limited (1980) 47 FLR 73 - cited Re Intex Consultants Pty Limited [1986] 2 Qd R 99 - cited MacLeod v Australian Securities Commission [1993] FCA 553 – cited
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