Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2014] FCA 637

FEDERAL COURT OF AUSTRALIA

Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2014] FCA 637 Citation: Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2014] FCA 637

Parties: BOB JANE CORPORATION PTY LTD ACN 005 870 431 v ACN 149 801 141 PTY LTD, BOB JANE SOUTHERN MOTORS PTY LTD, CALDER PARK PROMOTIONS PTY LTD (IN LIQ) (ACN 138 012 021), ROBERT FREDERICK JANE, DENNIS PETER RIGON, BOB JANE GLOBAL TYRE CORPORATION (HONG KONG) LIMITED and ACN 154 904 604 PTY LTD

File number: VID 418 of 2011

Judge: BESANKO J

Date of judgment: 19 June 2014

Catchwords: CONTEMPT OF COURT – charges of contempt for breach of court orders – historical distinction between criminal and civil contempt – standard of proof – elements of contempt – whether respondents committed contempt in failing to comply with orders restraining trade as a business under proscribed names and requiring change of business names, delivery up on oath and transfer of domain registrations – meaning of "trade as a business" – where respondent sent correspondence bearing proscribed business name – where correspondence not relevant to a transaction or potential transaction – meaning of "deliver up on oath". CONTEMPT OF COURT – penalty – imposition of daily fines for continuing non-compliance – consideration of costs to be paid on indemnity basis in fixing fines. COSTS – indemnity costs – no rule that indemnity costs be awarded on contempt proceedings. Held: Respondents held guilty of contempt for failing to comply with orders requiring change of business names, delivery up on oath and transfer of domain registrations. Declarations of guilt and penalty orders made. Order for costs made on indemnity basis.