Real Tech Systems Intergration Pty Ltd & Anor v Meuross, Douglas Sidney & Anor [1997] FCA 1263

Real Tech Systems Intergration Pty Ltd & Anor v Meuross, Douglas Sidney & Anor [1997] FCA 1263

The respondent solicited or attempted to entice an employee of the applicants (Simon Henry Broose) away from their employ in breach of a clear and unambiguous undertaking given to the Court. The standard of proof for both the contempt and matters relevant to penalty is beyond reasonable doubt. The evidence established a breach; the contempt was not merely technical or inadvertent and warrants costs but no further penalty.

Parties
First Applicant: REAL TECH SYSTEMS INTEGRATION PTY LIMITED; Second Applicant: EAGLE DEVELOPMENTS INTERNATIONAL PTY LIMITED; First Respondent: DOUGLAS SIDNEY MEUROSS; Second Respondent: HI-TECH FREIGHT SOLUTIONS PTY LIMITED
Jurisdiction
Australia
Judgment Date
21 November 1997
Procedural Posture
Motion for Contempt / Judgment on Motion
Outcome
First respondent found guilty of contempt.
Legal Topics
Breach of Court Undertaking, Solicitation of Employees, Copyright in Computer Programs, Interlocutory Orders
Civil Contempt Contract Breach of Court Undertaking Solicitation of Employees Copyright in Computer Programs Interlocutory Orders

Case Brief

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Parties

REAL TECH SYSTEMS INTEGRATION PTY LIMITED

First Applicant

EAGLE DEVELOPMENTS INTERNATIONAL PTY LIMITED

Second Applicant

DOUGLAS SIDNEY MEUROSS

First Respondent

HI-TECH FREIGHT SOLUTIONS PTY LIMITED

Second Respondent

Procedural Posture

Motion for Contempt / Judgment on Motion

Legal Issues

  1. 1 Whether the first respondent breached an undertaking given to the Court by soliciting an employee of the applicants.
  2. 2 Whether the conduct constituted contempt of court.
  3. 3 Whether the contempt was technical, inadvertent or serious.

Ratio Decidendi

The respondent solicited or attempted to entice an employee of the applicants (Simon Henry Broose) away from their employ in breach of a clear and unambiguous undertaking given to the Court. The standard of proof for both the contempt and matters relevant to penalty is beyond reasonable doubt. The evidence established a breach; the contempt was not merely technical or inadvertent and warrants costs but no further penalty.

Court Disposition

First respondent found guilty of contempt.

Orders

  • The first respondent is found guilty of the contempt charged in the statement of charge dated 5 June 1997.
  • The first respondent is to pay the applicants' costs of the motion on the indemnity basis.