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Energizer Australia Pty Ltd v Procter & Gamble Australia Pty Ltd [2016] FCA 347

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CONTEMPT OF COURT - breach of injunction - where respondent admits it breached injunction by broadcast of television commercial on many channels and on many occasions extending over a period of approximately three weeks - where breach of injunction unintentional - where breach of injunction due to respondent's lack of diligence - whether power to fine respondent - whether wilful disobedience - whether breach casual or accidental and unintentional - whether fine should be imposed on respondent - considerations relevant to the amount of any such fine including circumstances and magnitude of breach - where respondent exhibits genuine contrition and remorse - respondent ordered to pay fine of $40,000 and to pay applicant's costs on indemnity basis.

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