Rip Curl International Pty Ltd v Phone Lab Pty Ltd (No 2) [2004] FCA 1553

Rip Curl International Pty Ltd v Phone Lab Pty Ltd (No 2) [2004] FCA 1553

It is not appropriate to reopen final orders and permit payment by instalments where respondents deliberately chose not to adduce evidence of financial position at initial hearing; payment by instalments would reduce efficacy and purpose of penalty.

Jurisdiction
Australia
Judgment Date
25 November 2004
Procedural Posture
Contempt Application / Post Judgment Motion for Variation of Penalty Orders
Outcome
application dismissed; partial variation of earlier orders granted
Legal Topics
['penalty for Contempt' 'variation of Penalty Orders' 'payment by Instalment' 'reopening Orders']
['contempt of Court'] ['penalty for Contempt' 'variation of Penalty Orders' 'payment by Instalment' 'reopening Orders']

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Procedural Posture

Contempt Application / Post Judgment Motion for Variation of Penalty Orders

Legal Issues

  1. 1 ['Should the penalty imposed for contempt be varied to permit payment by instalments?' 'Is it appropriate to reopen final orders to allow evidence of financial position?']

Ratio Decidendi

It is not appropriate to reopen final orders and permit payment by instalments where respondents deliberately chose not to adduce evidence of financial position at initial hearing; payment by instalments would reduce efficacy and purpose of penalty.

Court Disposition

application dismissed; partial variation of earlier orders granted

Orders

  • ['The motion filed on 28 October 2004 by the first and third respondents be dismissed with costs.' "The orders made by Hely J on 17 September 2004 be varied by replacing '28 October 2004' in orders 1 and 2 with '28 February 2005'."]