Ultra Tune Australia Pty Ltd v Cole

Ultra Tune Australia Pty Ltd sought relief from the Victorian Supreme Court against Cole, who was found to be in contempt of court for breaching an injunction. The injunction, which was issued by the Federal Circuit Court of Australia, prohibited Cole from publishing certain information about Ultra Tune Australia Pty Ltd on social media and elsewhere. The case came before the Supreme Court on the basis that Cole had failed to comply with the injunction, and Ultra Tune Australia Pty Ltd sought enforcement of the injunction and a penalty for the contempt.

The central issue before the court was to determine the appropriate penalty for Cole's contempt, given that he had pleaded guilty and agreed to pay costs to Ultra Tune Australia Pty Ltd. The court considered the principles applicable to determining penalties for civil contempt under the Supreme Court (General Civil Procedure) Rules 2015 (Vic) O 75. The court recognised that the penalty should be proportionate to the seriousness of the contempt, and should also serve to deter the contemnor and others from committing similar breaches in the future.

In delivering judgment, the court noted that Cole's contempt was serious, as it involved a deliberate and sustained breach of a court order. The court also noted that Cole had shown no remorse for his actions and had continued to engage in similar conduct after the injunction was issued. However, the court took into account the fact that Cole had pleaded guilty and had agreed to pay costs to Ultra Tune Australia Pty Ltd. The court ultimately decided that a penalty of $10,000, together with an order for Cole to pay Ultra Tune Australia Pty Ltd's costs of the application, was appropriate in the circumstances. The court emphasised the importance of respecting court orders and the need for appropriate penalties to deter future breaches.

The court made an order that Cole pay Ultra Tune Australia Pty Ltd $10,000 in penalty, and that he pay their costs of the application on an indemnity basis.