Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd [1999] FCA 937

Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd [1999] FCA 937

Giraffe World breached its undertaking to the Court by making specified representations at meetings and on its website contrary to the undertaking, and was therefore found guilty of contempt of court.

Parties
Applicant: Australian Competition & Consumer Commission; First Respondent: Giraffe World Australia Pty Limited; Second Respondent: Akihiko Misuma; Third Respondent: Robin Han; Fourth Respondent: Mark Scotte; Sixth Respondent: Lucille Orr
Jurisdiction
Australia
Judgment Date
29 June 1999
Procedural Posture
Motion for Contempt / Judgment After Hearing on Contempt Motion
Outcome
First respondent found guilty of contempt of court.
Legal Topics
Contempt of Court, Breach of Undertaking, Misrepresentations
Competition Law Consumer Law Civil Procedure Contempt of Court Breach of Undertaking Misrepresentations

Case Brief

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Parties

Australian Competition & Consumer Commission

Applicant

Giraffe World Australia Pty Limited

First Respondent

Akihiko Misuma

Second Respondent

Robin Han

Third Respondent

Mark Scotte

Fourth Respondent

Lucille Orr

Sixth Respondent

Procedural Posture

Motion for Contempt / Judgment After Hearing on Contempt Motion

Legal Issues

  1. 1 Whether Giraffe World Australia Pty Limited is guilty of contempt of court for breaching an undertaking to the court by making representations about the Giraffe Ion Mat.

Ratio Decidendi

Giraffe World breached its undertaking to the Court by making specified representations at meetings and on its website contrary to the undertaking, and was therefore found guilty of contempt of court.

Court Disposition

First respondent found guilty of contempt of court.

Orders

  • The first respondent is declared guilty of contempt of court for making specified representations at meetings on 23 April and 20 May 1999, and on its website on 12 May and 7 June 1999.
  • The first respondent is to pay the applicant's costs of the motion for contempt on an indemnity basis.