New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Contempt


       

  1. 09/10/2015
    Contempt: non-compliance with Land and Environment Court order to grant easement; contemnor application for adjournment for medical reasons refused; contemnor represented but absent; indication by trial judge that practical orders leading to execution of easement preferred to contempt findings; finding of contempt made
    Kessly v Hasapaki  [2015] NSWCA 316
  2. 24/07/2015
    Contempt: disobedience of court orders; construction; whether order ambiguous; whether surrounding circumstances to be taken into account; guilty plea; whether withdrawal of guilty pleas should be permitted; reliance on alleged incorrect legal advice; whether guilty pleas made with genuine consciousness of guilt; whether principles of finality of litigation or avoidance of conflicting decisions should be invoked where their application would have the effect of perpetuating a miscarriage of justice
    Brown Brothers v Pittwater Council  [2015] NSWCA 215
  3. 25/09/2014
    Contempt: Foreign Judgments Act 1991 (Cth) s17; Supreme Court Act 1935 (WA) s 16(1)(d)(i), s 167(1)(a); freezing orders; jurisdiction of the Supreme Court to make freezing orders; enforcement of foreign civil judgments in Australia by a registration process; validity of Rules of the Supreme Court of Western Australia 1971 (WA) O 52A r 5(1); whether O 52A r 5(1) empowers the court to make a freezing order in anticipation of an enforceable money judgment in proceedings in another country; pending proceedings in the High Court of Singapore in contractual dispute for a money judgment; O 52A not ultra vires s17; APLA Ltd v Legal Services Commissioner (NSW) [2005] HCA 44 referred to; Construction Engineering (Aust) Pty Ltd v Tambel (Australasia) Pty Ltd [1984] 1 NSWLR 274 referred to; Davis v Turning Properties Ltd [2005] NSWSC 742 referred to; Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 referred to; Pelechowski v Registrar, Court of Appeal (NSW) [1999] HCA 19 referred to; Quarter Enterprises Pty Ltd v Allardyce Lumber Co Ltd [2014] NSWCA 3 referred to; Riley McKay Pty Ltd v McKay [1982] 1 NSWLR 264 referred to; Severstal Export GmbH v Bhushan Steel Ltd [2013] NSWCA 102 referred to; appeals dismissed
    Pt Bayan Resources Tbk v BCBC Singapore Pte Ltd  [2014] WASCA 178
  4. 11/12/2013
    Contempt: first respondent restrained by freezing order from using his assets other than for permitted purposes; first respondent’s assets defined to include assets of third respondent; separate order made restraining third respondent from disposing of its assets; first respondent applied moneys of third respondent for permitted purposes; whether orders unclear or ambiguous; whether first respondent knowingly interfered with administration of justice by assisting in breach of orders by third respondent
    Baker v Paul  [2013] NSWCA 426
  5. 25/03/2011
    Contempt: Whether undertaking ambiguous; construction of undertaking; whether guilty of criminal contempt; distinction between civil and criminal contempt; criminal standard of proof; requirement for deliberate defiance or contumacy; exercise of sentencing discretion
    Pang v Bydand Holdings Pty Ltd  [2011] NSWCA 69