Energizer Australia Pty Ltd v Remington Products Australia Pty Ltd (No 4) [2008] FCA 846

Energizer Australia Pty Ltd v Remington Products Australia Pty Ltd (No 4) [2008] FCA 846

There is no basis for setting aside the direction requiring the corporate respondent to file its evidence in advance; procedural fairness is preserved, privilege against self-incrimination does not apply to corporations, and no injustice or prejudice to the respondent arises from the order.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 June 2008
Procedural Posture
Contempt Proceedings (civil) / Interlocutory Application Regarding Directions
Outcome
Partial grant and partial dismissal of interlocutory relief
Legal Topics
['directions Orders' 'privilege Against Self Incrimination' 'contempt (criminal and Civil)' 'filing of Affidavit Evidence in Advance' 'corporate Respondents and Privilege']
['practice and Procedure' 'contempt of Court'] ['directions Orders' 'privilege Against Self Incrimination' 'contempt (criminal and Civil)' 'filing of Affidavit Evidence in Advance' 'corporate Respondents and Privilege']

Source-derived case record

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Procedural Posture

Contempt Proceedings (civil) / Interlocutory Application Regarding Directions

Legal Issues

  1. 1 ['Whether direction requiring corporate respondent to file its evidence before hearing in contempt proceedings should be set aside' "Whether procedural fairness requires respondent to test applicant's case before filing evidence"]

Ratio Decidendi

There is no basis for setting aside the direction requiring the corporate respondent to file its evidence in advance; procedural fairness is preserved, privilege against self-incrimination does not apply to corporations, and no injustice or prejudice to the respondent arises from the order.

Court Disposition

Partial grant and partial dismissal of interlocutory relief

Orders

  • ["Paragraph 1 of the applicant's amended notice of motion, filed on 29 May 2008, to be heard and determined prior to hearing paragraphs 2 and 3 of that motion." "Paragraph 4 of the respondent's amended notice of motion, filed on 29 May 2008, dismissed."]