Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pennicott Wilderness Journeys Pty Ltd v Tasmanian Cruises and Charters Pty Ltd (in liquidation) [2013] FCA 966 Citation: Pennicott Wilderness Journeys Pty Ltd v Tasmanian Cruises and Charters Pty Ltd (in liquidation) [2013] FCA 966
Parties: PENNICOTT WILDERNESS JOURNEYS PTY LTD (ACN 114 449 348) v TASMANIAN CRUISES AND CHARTERS PTY LTD (ACN 139 176 257) (IN LIQUIDATION)
File number: TAD 17 of 2012
Judge: MARSHALL J
Date of judgment: 23 September 2013
Catchwords: CONTEMPT OF COURT – assessment of penalties – civil contempt – imposition of custodial sentence not warranted in circumstances – pecuniary penalties – imprisonment in default of payment – specific and general deterrence – mitigating considerations. COSTS – indemnity basis – whether appropriate to make an order for indemnity costs against the manager and director of the respondent.
Cases cited: Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Pennicott Wilderness Journeys Pty Ltd v Tasmanian Cruises and Charters Pty Ltd (in liquidation) [2013] FCA 932 Plastec Australia Pty Ltd v Plumbing Solutions and Services Pty Ltd (No 4) [2012] FCA 657
Date of hearing: 23 September 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicant: Mr M Rinaldi with Mr P Griffits
Solicitor for the Applicant: Griffits & Griffits
Counsel for the Respondent: Mr D Geason
Solicitor for the Respondent: Butler McIntyre & Butler
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