Energizer Australia Pty Ltd v Procter & Gamble Australia Pty Ltd [2016] FCA 347

FEDERAL COURT OF AUSTRALIA

Energizer Australia Pty Ltd v Procter & Gamble Australia Pty Ltd [2016] FCA 347 File number: NSD 896 of 2015

Judge: NICHOLAS J

Date of judgment: 12 April 2016

Catchwords: CONTEMPT OF COURT – breach of injunction – where respondent admits it breached injunction by broadcast of television commercial on many channels and on many occasions extending over a period of approximately three weeks – where breach of injunction unintentional – where breach of injunction due to respondent's lack of diligence – whether power to fine respondent – whether wilful disobedience – whether breach casual or accidental and unintentional – whether fine should be imposed on respondent – considerations relevant to the amount of any such fine including circumstances and magnitude of breach – where respondent exhibits genuine contrition and remorse – respondent ordered to pay fine of $40,000 and to pay applicant's costs on indemnity basis.

Legislation: Federal Court of Australia Act 1976 (Cth) s 31 Judiciary Act 1903 (Cth) s 24

Cases cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Fairclough & Sons v Manchester Ship Canal Co (No 2) (1897) 41 Sol J 225 In re Galvanized Tank Manufacturers' Association's Agreement [1965] 1 WLR 1074 In re Mileage Conference Group of the Tyre Manufacturers' Conference Ltd's Agreement [1966] 1 WLR 1137 Mobileworld Communications Pty Ltd v Q & Q Global Enterprise Pty Ltd [2004] FCA 1200 Stancomb v Trowbridge Urban District Council [1910] 2 Ch 190 Witham v Holloway (1995) 183 CLR 525