Clipsal Australia Pty Ltd v ACN 134 468 205 (formerly Clipso Electrical Pty Ltd) (No 5)

Clipsal Australia Pty Ltd v ACN 134 468 205 (formerly Clipso Electrical Pty Ltd) (No 5) involved a dispute over the breach of court orders in a trade mark infringement case. Clipsal, a manufacturer and distributor of electrical accessories, brought proceedings against several respondents, including Mr Nafez Abdulkader, for trade mark infringement. The court issued orders requiring Mr Abdulkader to deliver up certain goods and materials to Clipsal. Mr Abdulkader was found to have breached these orders, leading to charges of contempt of court. The court had to decide the appropriate sentence for Mr Abdulkader's conduct, considering whether it was defiant or contumacious and whether a fine, suspended sentence, or imprisonment was appropriate.

The court concluded that Mr Abdulkader's conduct was contumacious and that a combination of a suspended sentence and a fine was appropriate to advance the interests of justice, denounce his conduct, punish him, and deter others. The court ordered a three-month suspended sentence, a $40,000 fine, and a contribution to the District Registrar's costs of $25,163.80. Mr Abdulkader was also granted leave to apply for a variation of the time within which to pay the fine and costs, subject to providing substantial and exhaustive evidence of his financial situation.

The court's final orders included convicting Mr Abdulkader of contempt, sentencing him to a three-month suspended sentence, and ordering him to pay a $40,000 fine and $25,163.80 in costs. Mr Abdulkader was granted leave to apply for a variation of the payment deadlines for the fine and costs. The District Registrar was directed to relist the matter if the fines and costs were not paid within the stipulated time.