Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 2) [2015] FCA 762

Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 2) [2015] FCA 762

Given the nature, tone, and content of the communications by the director, his stated intention to continue, and his refusal to acknowledge the wrongfulness of his conduct, the Court found that the requirements for interlocutory relief restraining threatened contempt were met, but the injunctions should be limited to Mr Figallo personally and should only restrain conduct calculated to intimidate, harass or otherwise bring improper pressure on the respondent in respect of the proceedings.

Parties
Applicant: Basetec Services Pty Ltd; Respondent: Leighton Contractors Pty Ltd
Jurisdiction
Australia
Judgment Date
17 July 2015
Procedural Posture
Interlocutory Application/contempt Proceedings / Hearing and Determination of Application for Injunctions
Outcome
Injunctions granted in part (in modified and limited form) against Mr Charles Figallo, not against the applicant or other officers/employees; applicant ordered to pay 70% of respondent's party-party costs.
Legal Topics
Injunctions, Settlement Negotiations, Improper Pressure on Litigant, Mediation Confidentiality
Contempt of Court Civil Procedure Injunctions Settlement Negotiations Improper Pressure on Litigant Mediation Confidentiality

Case Brief

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Parties

Basetec Services Pty Ltd

Applicant

Leighton Contractors Pty Ltd

Respondent

Procedural Posture

Interlocutory Application/contempt Proceedings / Hearing and Determination of Application for Injunctions

Legal Issues

  1. 1 Whether the conduct of the applicant's director constituted or threatened contempt of court
  2. 2 Whether injunctions should be granted restraining specific communications by the director
  3. 3 Whether media and political communication can amount to contempt

Ratio Decidendi

Given the nature, tone, and content of the communications by the director, his stated intention to continue, and his refusal to acknowledge the wrongfulness of his conduct, the Court found that the requirements for interlocutory relief restraining threatened contempt were met, but the injunctions should be limited to Mr Figallo personally and should only restrain conduct calculated to intimidate, harass or otherwise bring improper pressure on the respondent in respect of the proceedings.

Court Disposition

Injunctions granted in part (in modified and limited form) against Mr Charles Figallo, not against the applicant or other officers/employees; applicant ordered to pay 70% of respondent's party-party costs.

Orders

  • Pursuant to s 23 of the Federal Court of Australia Act 1976, Charles David Figallo is restrained, until further order, from specified communications and publications as set out in Order 1(a)-(d).
  • Applicant to pay 70% of respondent's costs of and incidental to the Application filed on 3 July 2015.