Australian Competition and Consumer Commission v Showmen's Guild of Australasia [2005] FCA 1234

Australian Competition and Consumer Commission v Showmen's Guild of Australasia [2005] FCA 1234

The First and Second Respondents were found guilty of contempt for breaching an implied undertaking by using for a collateral purpose a document provided to them pursuant to a court order, but no penalty was imposed, only orders for costs and injunctive relief.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: The Showmen's Guild of Australasia; Second Respondent: Lewis Eric Osborne; Third Respondent: James Gavin Marshall; Fourth Respondent: Marshall Amusements Pty Ltd; Fifth Respondent: Peter James Short; Sixth Respondent: Spry Amusements Pty Ltd; Seventh Respondent: George Pink; Eighth Respondent: Aaron Pink; Ninth Respondent: Broderick William Pavier; Tenth Respondent: Doreen Gladys Brown; Eleventh Respondent: Yvonne Claire Seymour
Jurisdiction
Australia
Judgment Date
31 August 2005
Procedural Posture
Civil / Post Discovery, Contempt Motion, Consent Orders Granted
Outcome
Guilty of contempt; no penalty; costs and injunctions ordered.
Legal Topics
Contempt of Court, Discovery, Misuse of Documents, Implied Undertaking
Civil Procedure Contempt of Court Discovery Misuse of Documents Implied Undertaking

Case Brief

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Parties

Australian Competition and Consumer Commission

Applicant

The Showmen's Guild of Australasia

First Respondent

Lewis Eric Osborne

Second Respondent

James Gavin Marshall

Third Respondent

Marshall Amusements Pty Ltd

Fourth Respondent

Peter James Short

Fifth Respondent

Spry Amusements Pty Ltd

Sixth Respondent

George Pink

Seventh Respondent

Aaron Pink

Eighth Respondent

Broderick William Pavier

Ninth Respondent

Doreen Gladys Brown

Tenth Respondent

Yvonne Claire Seymour

Eleventh Respondent

Procedural Posture

Civil / Post Discovery, Contempt Motion, Consent Orders Granted

Legal Issues

  1. 1 Whether the First and Second Respondents are in contempt of court for misuse of a discovered document

Ratio Decidendi

The First and Second Respondents were found guilty of contempt for breaching an implied undertaking by using for a collateral purpose a document provided to them pursuant to a court order, but no penalty was imposed, only orders for costs and injunctive relief.

Court Disposition

Guilty of contempt; no penalty; costs and injunctions ordered.

Orders

  • The First Respondent and its committee members, officers, servants or agents restrained from using for any collateral purpose a document or information derived from a document provided pursuant to court order until such order ceases per Order 15 rule 18 of the Federal Court Rules.
  • The Second Respondent, Lewis Eric Osborne, similarly restrained.