Australian Competition and Consumer Commission v Dynacast (Int) Pty Ltd (formerly Phoneflasher.com Pty Ltd) ACN 061 234 642 (No 2)

[2007] FCA 1113

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Dynacast (Int) Pty Ltd (formerly Phoneflasher.com Pty Ltd) ACN 061 234 642 (No 2) [2007] FCA 1113

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v DYNACAST (INT) PTY LTD (FORMERLY PHONEFLASHER.COM PTY LTD) ACN 061 234 642, ALAN BRADLEY JORGENSEN, PATRICE KERVILLE AND RUI LI

No SAD 248 of 2005

FINN J
1 AUGUST 2007
SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 248 OF 2005

BETWEEN:

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant

AND:

DYNACAST (INT) PTY LTD (FORMERLY PHONEFLASHER.COM PTY LTD) ACN 061 234 642
First Respondent

ALAN BRADLEY JORGENSEN
Second Respondent

PATRICE KERVILLE
Third Respondent

RUI LI
Fourth Respondent

JUDGE:	FINN J
DATE OF ORDER:	1 AUGUST 2007
WHERE MADE:	SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT:

1.In respect of the fines imposed on the First Respondent by order dated 26 March 2007, the First Respondent: 

1.1pay the fine of $5,000 to the Registrar of the Federal Court of Australia on or before 30 August 2007’ 

1.2pay the fine of $2,000 to the Registrar of the Federal Court of Australia on or before 30 August 2007. 

2.Service of this order be affected on the First Respondent by posting a sealed copy of this order to the First Respondent at its registered address.

3.The sealed copy of this order be accompanied by a letter that states the date of posting. 

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 248 OF 2005

BETWEEN:

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant

AND:

DYNACAST (INT) PTY LTD (FORMERLY PHONEFLASHER.COM PTY LTD) ACN 061 234 642
First Respondent

ALAN BRADLEY JORGENSEN
Second Respondent

PATRICE KERVILLE
Third Respondent

RUI LI
Fourth Respondent

JUDGE:	FINN J
DATE:	1 AUGUST 2007
PLACE:	SYDNEY (HEARD IN ADELAIDE)

REASONS FOR JUDGMENT

1. In this matter I gave judgment on 26 March 2007 and imposed fines of $5,000 and $2,000 respectively upon the first respondent in respect of contempts of various orders that I had made on 2 November 2004.  By oversight I did not specify, as I am required under the Rules of the Court to specify, the time within which the respondent was required to pay those fines:  see O 35 r 5(1) of the Federal Court Rules. 

2. In accordance with the power given by O 35 r 7(3) (the “slip rule”) and having regard to the time that has elapsed since the above orders were made, I will rectify that omission by making the following orders.  The particular form of order relating to service has been rendered necessary by lengthy past experience.  I will order that: 

   1.In respect of the fines imposed on the First Respondent by order dated 26 March 2007, the First Respondent: 

   1.1pay the fine of $5,000 to the Registrar of the Federal Court of Australia on or before 30 August 2007’ 

   1.2pay the fine of $2,000 to the Registrar of the Federal Court of Australia on or before 30 August 2007. 

   2.Service of this order be affected on the First Respondent by posting a sealed copy of this order to the First Respondent at its registered address.

   3.The sealed copy of this order be accompanied by a letter that states the date of posting. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finn.

Associate:

Dated:       1 August 2007

Counsel for the Applicant:	Mr S Cole with Mr N Parkyn
Solicitor for the Applicant:	Australian Government Solicitor
The First Respondent did not appear.
The Second Respondent appeared in person.
The Third Respondent did not appear.
The Fourth Respondent did not appear.
Date of Judgment:	1 August 2007