Australian Competition & Consumer Commission v Globex Systems Pty Ltd [2005] FCA 550

Australian Competition & Consumer Commission v Globex Systems Pty Ltd [2005] FCA 550

The appropriate penalty for the first respondent's wilful (but not contumacious) contempt of court, and the appropriate indemnity costs order, are determined by considering the seriousness of the conduct, the lack of adequate steps to inform employees of the orders, recognition of guilty plea and apologies (warranting a 30% reduction), and relevant case law. The penalty imposed is $4,900 and indemnity costs are awarded, considering the ACCC's role in protecting the public interest and the respondent's contrition.

Jurisdiction
Australia
Judgment Date
10 May 2005
Procedural Posture
Contempt Proceedings / Decision on Penalty and Costs
Outcome
penalty imposed for contempt; indemnity costs ordered
Legal Topics
['contempt of Court' 'breach of Court Orders' 'monetary Penalty' 'indemnity Costs' 'misleading and Deceptive Conduct']
['competition Law' 'consumer Law' 'civil Procedure'] ['contempt of Court' 'breach of Court Orders' 'monetary Penalty' 'indemnity Costs' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Contempt Proceedings / Decision on Penalty and Costs

Legal Issues

  1. 1 ['What is the appropriate monetary penalty for contempt of court by breaching orders?' "Should the first respondent pay the ACCC's costs on an indemnity basis?"]

Ratio Decidendi

The appropriate penalty for the first respondent's wilful (but not contumacious) contempt of court, and the appropriate indemnity costs order, are determined by considering the seriousness of the conduct, the lack of adequate steps to inform employees of the orders, recognition of guilty plea and apologies (warranting a 30% reduction), and relevant case law. The penalty imposed is $4,900 and indemnity costs are awarded, considering the ACCC's role in protecting the public interest and the respondent's contrition.

Court Disposition

penalty imposed for contempt; indemnity costs ordered

Orders

  • ['The first respondent pay by way of penalty the sum of $4,900 to the District Registrar, South Australia District Registry, Federal Court of Australia on or before 7 June 2005 for contempt.' "The first respondent pay the Australian Competition & Consumer Commission's costs of and incidental to the application in...