Inghams Enterprises Pty Ltd v Timania Pty Ltd

FEDERAL COURT OF AUSTRALIA

Inghams Enterprises Pty Ltd v Timania Pty Ltd [2005] FCAFC 155

CONTEMPT OF COURT – Timania provided trucking services to Inghams – agreement that Timania would provide additional trucking services to Inghams provided its price remained competitive – Timania initiated court proceedings against Inghams – Inghams withdrew offer of additional trucking work – original Statement of Charge was defective – Statement of Charge reformulated by primary Judge – no opportunity for parties to make submissions on reformulation – whether primary Judge erred in granting leave to amend the Statement of Charge and failing to give the parties an opportunity to make submissions – whether parties sufficiently informed that the primary Judge proposed to rely on his observations of Mr Turner in Court

Minagall v Ayres [1966] SASR 151 discussed
Jobst v Inglis (1986) 41 SASR 399 discussed
Angaston and District Hospital v Thamm (1987) 47 SASR 177 discussed
GIO of New South Wales v Bailey (1992) 27 NSWLR 304 discussed
Kappos v State Transit Authority (unreported, NSW Court of Appeal, Clarke, Meagher and Sheller JJA, 25 May 1995) discussed
Kassem v Crossley (2000) 32 MVR 179 discussed

Stead v State Government Insurance Office (1986) 161 CLR 141 discussed
Doyle v The Commonwealth (1985) 156 CLR 510 referred to
Coward v Stapleton (1953) 90 CLR 573 referred to
Carew Reid v Carew Corporation Pty Ltd (unreported, Supreme Court of Western Australia, Full Court, Malcolm, Franklyn and Nicholson JJ, 23 April 1993) referred to
Harmsworth v Harmsworth [1987] 1 WLR 1676 referred to
Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd [2001] FCA 1758 referred to
Australian Competition and Consumer Commission v Info4PC.com Pty Ltd (2002) 121 FCR 24 referred to
Castledine v Boronga Pty Ltd [2000] WASC 215 referred to
Australian Building Construction Employees and Builders Labourers Federation v Minister of State for Industrial Relations (1982) 43 ALR 189 referred to

Crawford Fitting Co v Sydney Valve & Fittings Pty Ltd (1988) 14 NSWLR 438 referred to

INGHAMS ENTERPRISES PTY LTD (ACN 008 447 345) AND CHRISTOPHER TURNER v TIMANIA PTY LTD (ACN 006 315 064) AND WAYNE TONER

VID 823 OF 2004

TAMBERLIN, NORTH AND DOWSETT JJ
MELBOURNE
22 AUGUST 2005

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 823 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

INGHAMS ENTERPRISES PTY LTD
(ACN 008 447 345)
FIRST APPELLANT

CHRISTOPHER TURNER
SECOND APPELLANT

AND:

TIMANIA PTY LTD
(ACN 006 315 064)
FIRST RESPONDENT

WAYNE TONER
SECOND RESPONDENT

JUDGES:

TAMBERLIN, NORTH AND DOWSETT JJ

DATE OF ORDER:

22 AUGUST 2005

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.        The appeal is allowed.

2.        The orders of the primary Judge made on 9 June 2004 are set aside.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 823 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE…