Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2015] FCA 743 Citation: Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2015] FCA 743
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) and ACN 154 904 604 PTY LTD
File number: VID 418 of 2011
Judge: BESANKO J
Date of judgment: 23 July 2015
Catchwords: CONTEMPT OF COURT – application for an order directing the Registrar to make an application for the punishment of continuing contempt – where the respondents had not paid fines issued as penalties for a previous contempt – whether the failure to pay a fine can constitute a contempt of court – whether directing the Registrar to make an application is the most appropriate procedure for enforcing the Court's orders – whether there is a need to consider if there is a sufficient case of contempt before making an order – whether there are discretionary reasons that militate against making an order – Federal Court Rules 2011 (Cth) r 42.16. Held: Application granted.
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) s 18 Federal Court of Australia Act 1976 (Cth) s 53 Federal Court Rules 2011 (Cth) rr 41.01, 42.16
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