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


IN THE FEDERAL COURT OF AUSTRALIA

 

QUEENSLAND DISTRICT REGISTRY

QG 10 OF 1998

 

BETWEEN:

CENTURY YUASA BATTERIES PTY LTD

APPLICANT

 

AND:

DAVID ROGER MARTIN

RESPONDENT

 

 

 

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