Re Equity Access Pty Ltd v Westpac Banking Corporation

The case involves a dispute between the Australian Design Council, formerly known as the Industrial Design Council of Australia, and Peter Borello trading as Buccaneer Pools. The applicant, the Australian Design Council, alleged that the respondent, Borello, infringed upon its registered trade mark and falsely represented that his swimming pools had the endorsement or approval of the Council or were qualified by a design award. The Council sought injunctive relief, damages, and other orders. The legal issues the court was required to decide were whether Borello had breached the terms of the injunction made by consent and if so, whether a fine should be imposed for the contempt of court.

The court found that Borello had deliberately breached the injunction by continuing to use the Council's trade mark and suggesting the Council's approval or endorsement of his swimming pools. Although the breach was based on a misunderstanding, the court imposed a fine of $2,000 to underline the importance of prompt compliance with the orders of the court and the public interest element in this case. The court took into account the extenuating circumstances surrounding the breach which is otherwise of a deliberate character. The orders made by the court were that the respondent be restrained from publishing certain words in connection with the advertising of his swimming pools, be fined the sum of $2,000, and pay the applicant's costs including solicitor/client costs.