Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2007] FCA 1964

Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2007] FCA 1964

The fifth respondent's derogatory remarks were made during a chance encounter in a bar, from a distance, and were not calculated to obstruct or interfere with the due course of justice. The remarks did not answer the description of contempt by abusing parties concerned in causes because the applicants' officers were not present as parties to a case or in connection with the presentation or preparation of the case. The Court would not have been disposed to grant the injunctive relief sought, the applicants' demands were unwarranted, and the fifth respondent was entitled to his costs of the motion.

Jurisdiction
Australia
Judgment Date
22 November 2007
Procedural Posture
Federal Court Proceeding Involving Alleged Infringements of the Copyright Act 1968 (cth), the Trade Marks Act 1995 (cth), and Alleged Contraventions of the Trade Practices Act 1974 (cth); Interlocutory Motion for Injunctive Relief / Determination of Costs After the Applicants' Notice of Motion Filed 14 November 2007 Was Dismissed by Consent Upon the Fifth Respondent Giving an Undertaking to the Court
Outcome
The applicants' Notice of Motion filed 14 November 2007 was dismissed by consent upon the fifth respondent giving an undertaking to the Court, and the applicants were ordered to pay the fifth respondent's costs of the motion.
Legal Topics
['interlocutory Injunction' 'undertaking to the Court' 'abuse of Parties Concerned in Proceedings' 'threatened Contempt' 'costs of Notice of Motion']
['costs' 'civil Procedure' 'contempt of Court' 'intellectual Property' 'trade Practices'] ['interlocutory Injunction' 'undertaking to the Court' 'abuse of Parties Concerned in Proceedings' 'threatened Contempt' 'costs of Notice of Motion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Federal Court Proceeding Involving Alleged Infringements of the Copyright Act 1968 (cth), the Trade Marks Act 1995 (cth), and Alleged Contraventions of the Trade Practices Act 1974 (cth); Interlocutory Motion for Injunctive Relief / Determination of Costs After the Applicants' Notice of Motion Filed 14 November 2007 Was Dismissed by Consent Upon the Fifth Respondent Giving an Undertaking to the Court

Legal Issues

  1. 1 ["Whether the fifth respondent's abusive remarks in a chance encounter could constitute or threaten contempt of court by obstructing or interfering with the due course of justice or by abusing parties concerned in causes" 'Whether there was a basis on which the Court would have granted the injunctive relief sought by the applicants' 'Which party should pay the costs of the Notice of Motion filed 14 November 2007']

Ratio Decidendi

The fifth respondent's derogatory remarks were made during a chance encounter in a bar, from a distance, and were not calculated to obstruct or interfere with the due course of justice. The remarks did not answer the description of contempt by abusing parties concerned in causes because the applicants' officers were not present as parties to a case or in connection with the presentation or preparation of the case. The Court would not have been disposed to grant the injunctive relief sought, the applicants' demands were unwarranted, and the fifth respondent was entitled to his costs of the motion.

Court Disposition

The applicants' Notice of Motion filed 14 November 2007 was dismissed by consent upon the fifth respondent giving an undertaking to the Court, and the applicants were ordered to pay the fifth respondent's costs of the motion.

Orders

  • ["Upon the fifth respondent by his solicitor giving to the Court an undertaking without admission that until the determination of the proceeding he will not, whether by himself, his servants, agents or otherwise, approach or communicate directly with the applicants' employees Stephen Parker or Peter Gardner, the...