Century Yuasa Batteries Pty Ltd v Martin [2002] FCA 722

Century Yuasa Batteries Pty Ltd v Martin [2002] FCA 722

Martin committed contempt of court by filling out two invoices for battery sales to Island Batteries on 5 September 2000 and by having a number of discussions with Mark Thurlow and Gary Clayton in which he solicited purchases of batteries by Island Batteries from Apollo Batteries through Allan Burton, while the injunction precluded his engagement in the selling, distributing or marketing of batteries in Tasmania. However, the court was not satisfied beyond reasonable doubt that Martin engaged in a persistent or widespread course of conduct in breach of the injunction as otherwise alleged.

Jurisdiction
Australia
Judgment Date
06 June 2002
Procedural Posture
Motion in Contempt Proceedings / Findings on Liability; Penalty and Costs Adjourned
Outcome
Partial finding of contempt; other aspects not proved beyond reasonable doubt; penalty and costs adjourned
Legal Topics
['contempt of Court' 'injunctions' 'breach of Contract' 'agency Agreements']
['equity' 'civil Procedure'] ['contempt of Court' 'injunctions' 'breach of Contract' 'agency Agreements']

Case Brief

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Procedural Posture

Motion in Contempt Proceedings / Findings on Liability; Penalty and Costs Adjourned

Legal Issues

  1. 1 ['Whether the respondent, David Roger Martin, committed contempt of court by breaching an injunction restraining him from involvement in the sale, distribution, or marketing of batteries in Tasmania during a specified period.']

Ratio Decidendi

Martin committed contempt of court by filling out two invoices for battery sales to Island Batteries on 5 September 2000 and by having a number of discussions with Mark Thurlow and Gary Clayton in which he solicited purchases of batteries by Island Batteries from Apollo Batteries through Allan Burton, while the injunction precluded his engagement in the selling, distributing or marketing of batteries in Tasmania. However, the court was not satisfied beyond reasonable doubt that Martin engaged in a persistent or widespread course of conduct in breach of the injunction as otherwise alleged.

Court Disposition

Partial finding of contempt; other aspects not proved beyond reasonable doubt; penalty and costs adjourned

Orders

  • ['The Court declares that the respondent committed contempt of court by failing to comply with Order 3 of the orders made by consent on 26 August 1999 by filling out two invoices for Apollo Batteries and having discussions soliciting battery purchases by Island Batteries through Allan Burton.' 'The motion is...