Australian Competition and Consumer Commission v Chopra (No 2) [2017] FCA 729

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Chopra (No 2) [2017] FCA 729 File number: VID 722 of 2014

Judge: O'CALLAGHAN J

Date of judgment: 28 June 2017

Catchwords: CONTEMPT OF COURT – sentencing – where respondent pleaded guilty to two charges of breaching orders and injunctions – where parties agree only a sentence of imprisonment is appropriate – whether any such sentence should be wholly or partially suspended

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2 ("Australian Consumer Law") ss 18, 29(1)(m), 36(4)

Cases cited: Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Australian Building Construction Employees' and Builders Labourers' Federation v Commonwealth of Australia (1986) 161 CLR 88

Date of hearing: 14 June 2017

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 41

Counsel for the Applicant: Ms R Orr QC

Solicitor for the Applicant: Norton Rose Fulbright Australia

Counsel for the Respondent: Mr C Carr

Solicitor for the Respondent: Tony Hargreaves & Partners Lawyers

ORDERS VID 722 of 2014

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: DHRUV CHOPRA

Respondent

JUDGE: O'CALLAGHAN J DATE OF ORDER: 28 JUNE 2017

THE COURT ORDERS THAT:

1. On the two charges of contempt in the further amended statement of charge dated 19 April 2017, to which the respondent pleaded guilty on 19 April 2017, the following sentences be imposed on the respondent: (a) On charge 1, 3 months. (b) On charge 2, 3 months. 2. The sentences referred to in order 1 be served concurrently. 3. The respondent serve an actual term of imprisonment of one month, with the balance of the sentence referred to in order 1 to be suspended on the conditions set out below. 4. A warrant issue for the respondent's committal to prison for a period of one month. 5. A further warrant for the respondent's committal to prison for a further period of two months issue, with said warrant to lie in the Registry of this Court with the intent that it not be executed, provided that the respondent, for a period of five years from the date of this order: (a) refrain from contravening any of the orders in paragraphs 4 to 6 of the orders made in this proceeding by Justice Middleton on 11 May 2015; (b) also refrains from knowingly being involved in conduct by any other person which if engaged in by the respondent would constitute a contravention of any of the orders in paragraphs 4 to 6 of the orders made in this proceeding by Justice Middleton on 11 May 2015. 6. The respondent pay the applicant's costs in respect of this proceeding on an indemnity basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.