Deckers Outdoor Corporation Inc. v Farley (No 7)

Deckers Outdoor Corporation Inc. was the plaintiff and sought an interlocutory injunction against Mr. Vaysman, who was the defendant, and several others. The plaintiff alleged that the defendants had violated the terms of previous court orders by continuing to manufacture and sell counterfeit Ugg footwear. The case was heard in the Federal Court of Australia. The primary legal issue before the court was whether Mr. Vaysman had violated the terms of the court orders by continuing to manufacture and sell counterfeit Ugg footwear. Specifically, the court had to determine whether Mr. Vaysman had acted consciously and voluntarily in entering the Christensen Street factory on 5 and 10 March 2009 and whether he had deliberately and voluntarily performed the acts which constituted a contravention of the terms of the orders. The court also had to determine whether the plaintiff had proven beyond reasonable doubt that Mr. Vaysman had performed the alleged contravening acts. The court found that Mr. Vaysman had acted consciously and voluntarily in entering the Christensen Street factory on 5 and 10 March 2009. The court was satisfied that Mr. Vaysman had deliberately and voluntarily performed the acts which constituted a contravention of the terms of the orders. Therefore, the court found that charges 4, 5, and 12 had been established beyond reasonable doubt. However, the court found that charge 7 had not been proven beyond reasonable doubt. The court gave directions as to the steps which needed to be taken in advance of a hearing on penalty.