TS & B Retail Systems Pty Ltd v 3fold Resources Pty Ltd (No 2) [2004] FCA 1101

TS & B Retail Systems Pty Ltd v 3fold Resources Pty Ltd (No 2) [2004] FCA 1101

3fold Resources Pty Ltd breached the restraining injunctions by producing and supplying material referencing the protected part numbering system outside the scope of exempt conduct; there was sufficient inference of service/knowledge of the order; however, the individual respondents were not shown on the criminal standard to have authorised the conduct. The appropriate penalty is a costs order (70%) on a solicitor and client basis, not a fine, and a variation of the order to clarify the exempt conduct for future dealings.

Parties
Applicant: TS & B Retail Systems Pty Ltd; Respondent: 3fold Resources Pty Ltd; Respondent: Peter Vanderzaag; Respondent: Francis D'Mello; Respondent: Gary William Smith
Jurisdiction
Australia
Judgment Date
25 August 2004
Procedural Posture
Contempt Proceedings (breach of Injunction) / Penalty Determination Following Contested Hearing
Outcome
3fold Resources Pty Ltd adjudged guilty of contempt; costs order made in favour of the applicant; orders varied as specified; no finding of contempt against individual respondents.
Legal Topics
Contempt of Court, Injunction, Costs
Equity Intellectual Property Contempt of Court Injunction Costs

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Parties

TS & B Retail Systems Pty Ltd

Applicant

3fold Resources Pty Ltd

Respondent

Peter Vanderzaag

Respondent

Francis D'Mello

Respondent

Gary William Smith

Respondent

Procedural Posture

Contempt Proceedings (breach of Injunction) / Penalty Determination Following Contested Hearing

Legal Issues

  1. 1 Whether 3fold Resources Pty Ltd breached the injunctions granted against them;
  2. 2 Whether the individuals (particularly Mr Vanderzaag) authorised or were complicit in the breach;
  3. 3 Whether the exempt conduct provisions of the order applied to the acts in question;

Ratio Decidendi

3fold Resources Pty Ltd breached the restraining injunctions by producing and supplying material referencing the protected part numbering system outside the scope of exempt conduct; there was sufficient inference of service/knowledge of the order; however, the individual respondents were not shown on the criminal standard to have authorised the conduct. The appropriate penalty is a costs order (70%) on a solicitor and client basis, not a fine, and a variation of the order to clarify the exempt conduct for future dealings.

Court Disposition

3fold Resources Pty Ltd adjudged guilty of contempt; costs order made in favour of the applicant; orders varied as specified; no finding of contempt against individual respondents.

Orders

  • 3fold Resources Pty Ltd be adjudged guilty of contempt.
  • 3fold Resources Pty Ltd pay seventy percent (70%) of the applicant's costs of this motion, to be taxed on a solicitor and client basis.