Taito (Australia) Pty Ltd & Anor v Eastern Micro Electronics Pty Ltd & Ors [1984] FCA 330

Taito (Australia) Pty Ltd & Anor v Eastern Micro Electronics Pty Ltd & Ors [1984] FCA 330

Mr. Lazar wilfully disobeyed the interlocutory injunctions by arranging, managing, and effecting sales and transfers of TX-1 amusement machines after being enjoined, including indirectly through Mazz, with the intention to frustrate the purpose of the orders and thereby was guilty of contempt towards the court.

Parties
Applicant: TAITO (AUSTRALIA) PTY. LTD.; Applicant: TAITO CORPORATION; Respondent: EASTERN MICRO ELECTRONICS PTY. LTD.; Second Respondent: JOSEPH LAZAR; Third Respondent: MAZZ ENTERPRISES (AUSTRALIA) PTY. LTD.
Jurisdiction
Australia
Judgment Date
15 October 1984
Procedural Posture
Contempt Motion in Copyright/trade Practices Proceedings / Post Interlocutory, Contempt Motions Following Prior Injunctive Relief
Outcome
Mr. Lazar found guilty of contempt of court on both motions.
Legal Topics
Interlocutory Injunctions, Contempt of Court, Copyright Infringement, Misleading or Deceptive Conduct
Intellectual Property Law Equity Civil Procedure Interlocutory Injunctions Contempt of Court Copyright Infringement Misleading or Deceptive Conduct

Case Brief

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Parties

TAITO (AUSTRALIA) PTY. LTD.

Applicant

TAITO CORPORATION

Applicant

EASTERN MICRO ELECTRONICS PTY. LTD.

Respondent

JOSEPH LAZAR

Second Respondent

MAZZ ENTERPRISES (AUSTRALIA) PTY. LTD.

Third Respondent

Procedural Posture

Contempt Motion in Copyright/trade Practices Proceedings / Post Interlocutory, Contempt Motions Following Prior Injunctive Relief

Legal Issues

  1. 1 Whether Mr. Lazar wilfully disobeyed court orders restraining sale or dealing of amusement machines, amounting to contempt of court
  2. 2 Whether actions taken to frustrate the effect of interlocutory injunctions constituted contempt

Ratio Decidendi

Mr. Lazar wilfully disobeyed the interlocutory injunctions by arranging, managing, and effecting sales and transfers of TX-1 amusement machines after being enjoined, including indirectly through Mazz, with the intention to frustrate the purpose of the orders and thereby was guilty of contempt towards the court.

Court Disposition

Mr. Lazar found guilty of contempt of court on both motions.

Orders

  • Mr. Lazar committed to Pentridge Prison for three months on each motion, with liberty to apply for reconsideration if money received by respondents is paid into court together with costs.
  • Order as per 3 October 1984.