Bruder Expeditions Pty Ltd v Leigh

DISTRICT COURT OF QUEENSLAND

CITATION:

Bruder Expeditions Pty Ltd v Leigh [2019] QDC 271

PARTIES:

BRUDER EXPEDITIONS PTY LTD
(applicant)

v

TRACY LEIGH
(respondent)

FILE NO/S:

2380/19

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court

DELIVERED ON:

12 December 2019

DELIVERED AT:

Brisbane

HEARING DATES:

13 November and 12 December 2019

JUDGE:

Clare SC DCJ

ORDER:

1.    The respondent is found to have been in contempt of  the order of Sheridan DCJ made on 1 November 2019.

2. The respondent is to perform unpaid community service on the conditions set out in s 103 of the Penalties and Sentences Act 1992 and must report to the Probation and Parole office at Rockhampton by 12:00pm 13 December 2019

3.    The respondent is to pay the applicant’s costs of the application.

CATCHWORDS:

CIVIL PROCEEDINGS - CONTEMPT –where the respondent was found to have published injurious falsehoods about the applicant on a Facebook page– where the court issued an injunction to restrain the respondent from publishing same or similar statements –– where the respondent published further comments about the applicant – where the applicant sought an order that the respondent be punished for contempt

PROCEDURE – CIVIL PROCEEDINGS –CONTEMPT - whether the application was deficient – whether the charge was deficient – whether the rule against duplicity applies - whether particulars were deficient

CIVIL PROCEEDINGS - CONTEMPT – whether the terms of the order were not clear and unambiguous -whether the respondent knew of the terms of the injunction – whether the publication amounted to “substantially similar” -whether contempt was proved beyond reasonable doubt

POWER OF COURT TO PUNISH FOR CONTEMPT – where a need to punish and deter

District Court of Queensland Act 1967 (Qld)

Uniform Civil Procedure Rules 1999 (Qld)

Australian Securities  and Investment Commission v 1Ist State Home Loans Pty Ltd  [2002] QSC 55
Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201
Athens v Randwick City Council (2005) 64 NSWLR 58
Australian Consolidated Press Ltd v Morgan ( 1965) 39 ALJR 32
Australian Securities and Investments Commission (ASIC) v Jorgensen [2008] QSC 91

Costello v Courtney [2001] 1 Qd R 481

Environmental Protection Authority v Truegain Pty Ltd [2013] NSWCCA 204

Grocon Constructors (Victoria) Pty Ltd v Construction, Forestry, Mining and Energy Union (2013) 234 IR 59; [2013] VSC 275

Lade & Co Pty Ltd v Black [2006] 2 Qd R 531

MacGroarty v Attorney-General (Qld) (Clauson) (1989) 167 CLR 251; (1989) 86 ALR 513

O’Connor v Hough [2016] QSC 4
Rockhampton Regional Council v Dubois [2014] QPEC 13

Witham v Holloway (1995) 183 CLR 525

COUNSEL:

MD Martin QC for the applicants
SW Trewavas for the respondent

SOLICITORS:

Mills Oakley for the applicants

Australian Law Partners for the respondent

1. The applicant, Bruder Expeditions Pty Ltd (‘Bruder’), manufactures and sells caravans.  The respondent, Ms Tracey Leigh (‘Ms Leigh’), is the administrator of a Facebook group page called ‘Lemon Caravans and RVs in Aus’.  Last month a jury found she had published injurious falsehoods…