MINDSHARE COMMUNICATIONS LIMITED (TAIWAN BRANCH) v ECKETT [2010] NSWSC 1511

New South Wales Supreme Court

CITATION : MINDSHARE COMMUNICATIONS LIMITED (TAIWAN BRANCH) v ECKETT [2010] NSWSC 1511

HEARING DATE(S) : 15 November and 17 December 2010

JUDGMENT DATE : 23 December 2010

JUDGMENT OF : Tamberlin AJ

(1) The Court declares that the Defendant has committed contempt of court as specified in the Statement of Charge annexed to the Summons filed on 4 November 2009, by breaching order 1 made by the Court of Appeal on 10 March 2009, in that: (a) on 1 November 2009 the Defendant transmitted to servants or agents of Mattel an email, and attached statutory declaration, contrary to the terms of that order; (b) on 2 November 2009 the Defendant transmitted to servants or agents of HSBC an email, and attached statutory declaration, contrary to the terms of that order; (c) on 2 November 2009 the Defendant transmitted to servants or agents of Nike an email, and attached statutory declaration, contrary to the terms of that order; (d) on 2 November 2009 the Defendant transmitted to servants or agents of Barclays an email, and attached statutory declaration, contrary to the terms of that order. DECISION : (2) The Defendant is, on or before 28 days after delivery of this judgment, to enter into a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 in the form attached to these orders. (3) Prior to the Defendant's entry into the good behaviour bond described in order 2, the Defendant's solicitor is to explain to the Defendant his obligations under that bond and the consequences that may follow if he fails to comply with those obligations. (4) The Defendant is, on or before 21 days after delivery of this judgment, to provide to the Registrar of the Equity Division (with a copy to the solicitors for the Plaintiff) a faxed ((02) 9230 8827) or emailed (supreme_court@courts.nsw.gov.au) copy of the good behaviour bond described in order 2 entered into by him. Either mode of communication is to be marked urgent for the attention of the Registrar in Equity. (5) The Defendant is, on or before 28 days after delivery of this judgment, to provide to the Registrar of the Equity Division (with a copy to the solicitors for the Plaintiff) the original of the good behaviour bond described in order 2 entered into by him. (6) The Defendant is fined $50,000, with $25,000 to be paid within 42 days and the balance of $25,000 of that sum to be suspended upon the Defendant entering into the good behaviour bond as described in order 2. In the event of non-compliance with the terms of the good behaviour bond, the balance of $25,000 is to be paid forthwith. (7) The Defendant is to pay the plaintiff's costs on an indemnity basis.