Fairfax Media, the majority owner of real estate company Domain, has been fined $15,000 AUD ($11,281 U.S.) for contempt, after inadvertently running an advertisement despite a court undertaking.

Source: Federal Court of Australia

The advertisement ran in the Sydney Morning Herald in February last year and claimed the property site was the “No. 1 Property App in Australia,” despite the publisher giving the court an undertaking two days earlier.

Lawyers for Fairfax Media argued the advertisement’s publication was an accident and not intentional.

Federal Court Justice Bernard Murphy accepted the publisher didn’t intend to breach the undertakings, but that it was nevertheless responsible for the advertisement’s publication. “It had a duty to ensure to take adequate and continuing steps to ensure it had complied with them,” he said.

The company was not fined for a second advertisement on a billboard, with Justice Murphy accepting that the company had little control over the installation and removal of posters.

The decision should mark the end of a protracted legal battle between Fairfax and the REA Group that started over a series of advertisements published in Fairfax newspapers in 2015.

Domain claimed to have the most property listings in Sydney, but a forensic accountant found REA Group had slightly more listings in Sydney between September 2015 and February 2016. Justice Murphy ordered Fairfax to pay REA Group’s legal costs for Monday’s proceedings.

Domain was listed separately on the Australian Securities Exchange (ASX) last November. Fairfax retained a 60 percent shareholding.

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