COMMISSIONER FOR FAIR TRADING -v- HOLZ & ANOR [2006] WASC 202
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2006] WASC 202 | |
| Case No: | CIV:2765/2002 | 23 JUNE 2006 | |
| Coram: | TEMPLEMAN J | 23/06/06 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Deliberate and intentional breach | ||
| B | |||
| PDF Version |
| Parties: | COMMISSIONER FOR FAIR TRADING RENEE-PETER HOLZ KATHARINA ISOBELL HOLZ |
Catchwords: | Contempt of court Breach of undertaking to court Breach admitted Whether breach deliberate and intentional |
Legislation: | Fair Trading Act 1987 (WA), s 14(1) |
Case References: | Nil Ainsworth v Hanrahan (1991) 25 NSWLR 155 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 AttorneyGeneral for New South Wales v Dean (1990) 20 NSWLR 650 Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483 Castlecity Pty Ltd v New Vintage Nominees Pty Ltd [2002] WASC 2 R v Zhong Wen Huang Wong (1995) 16 WAR 219 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Witham v Holloway (1995) 183 CLR 525 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
RENEE-PETER HOLZ
First Defendant
KATHARINA ISOBELL HOLZ
Second Defendant
Catchwords:
Contempt of court - Breach of undertaking to court - Breach admitted - Whether breach deliberate and intentional
Legislation:
Fair Trading Act 1987 (WA), s 14(1)
(Page 2)
Result:
Deliberate and intentional breach
Category: B
Representation:
Counsel:
Plaintiff : Mr A R Beech SC & Mr S L Dworcan
First Defendant : Mr R G S Harrison
Second Defendant : Mr R G S Harrison
Solicitors:
Plaintiff : Department of Consumer & Employment Protection
First Defendant : Tottle Partners
Second Defendant : Tottle Partners
Case(s) referred to in judgment(s):
Nil
Case(s) also cited:
Ainsworth v Hanrahan (1991) 25 NSWLR 155
Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98
AttorneyGeneral for New South Wales v Dean (1990) 20 NSWLR 650
Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483
Castlecity Pty Ltd v New Vintage Nominees Pty Ltd [2002] WASC 2
R v Zhong Wen Huang Wong (1995) 16 WAR 219
Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309
Witham v Holloway (1995) 183 CLR 525
(Page 3)
1 TEMPLEMAN J: This is a summons brought by the Commissioner for Fair Trading against Katharina Isobell Holz in which the commissioner seeks to have Mrs Holz committed for breaches of undertakings given to the Court on 17 June 2005 and again in the same terms on 3 August 2005.
2 The background to the matter is that Mrs Holz and her husband…
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- Case
- [2006] WASC 202
- Decision Date
CaseChat Overview and Summary
The Court found that Katharina Holz's explanations for the breaches were not credible. The Court noted that the deletions on the business cards handed out were made with a biro, not the black felt pen that Holz claimed to have used in compliance with the court's undertaking. The Court was also skeptical of Holz's explanation that the cards were mixed up. The Court concluded that Holz was fully aware of the requirements of the undertaking and deliberately chose what to cross out on the cards, knowing what was required of her. The Court accepted that Holz's actions in handing out the cards to Ms Watkins and Ms Hawes were deliberate and intentional.
The Court found Katharina Holz in contempt of court for deliberately and intentionally breaching the court's undertakings. The Court will proceed to determine an appropriate punishment, taking into account submissions and a plea in mitigation, in accordance with the principles applicable to sentencing.
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