FEDERAL COURT OF AUSTRALIA
Century Yuasa Batteries Pty Ltd v Martin [2002] FCA 722
CENTURY YUASA BATTERIES PTY LTD v DAVID ROGER MARTIN
QG 10 OF 1998
DRUMMOND J
BRISBANE
6 JUNE 2002
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QG 10 OF 1998 |
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BETWEEN: |
CENTURY YUASA BATTERIES PTY LTD APPLICANT
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AND: |
DAVID ROGER MARTIN RESPONDENT
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ADDENDUM
Addition to the Catchwords Page of the Reasons for Judgment of the Honourable Justice Drummond delivered 6 June 2002:
“Contempt - breach of injunction - restraint of trade - whether respondent had been engaged in or concerned with directly or indirectly any business of selling, distributing or marketing of batteries in Tasmania in breach of injunction granted by consent - respondent employed by companies which sold batteries to Tasmania - respondent involved in negotiations for lease of premises in Tasmania to a battery company - respondent filled out and filed change of particulars in relation to a registered business name in Tasmania
Evidence- burden of proof beyond reasonable doubt - admissibility of similar fact evidence
Evidence Act 1995 (Cth) s 97
Jacara Pty Ltd v Perpetual Trustees WA Ltd (2000) 106 FCR 51 applied”
ASSOCIATE TO JUSTICE DRUMMOND
24 June 2002