AMEV-UDC Finance Ltd v. Walker, D.G.C. & Ors [1986] FCA 22

CATCHWORDS

CONTEMPT? OF COURT - Breach of undertakings given to Court in relation to bankruptcy proceedings - Undertaking to remove sheep from grazing property when quarantine order lifted - Quarantine order lifted at a time when some sheep still lice-infested - Failure to move sheep in accordance with undertaking - Unnecessary delay in movement - Varying opportunities of respondents to implement undertaking - Undertaking to forward accounting information to creditor - Some anfcrmation forwarded out of time, some not at all - Respective culpability of respondents - Appropriate penalties

- Fines imposed on two respondents.

Flamingo Park Pty Limited v Delly Doliy Creations Pty Limited

(1985) 59 ALR 247, Australasian Meat Industrv Emplovees Union v_ Mudginberri Station Pty Limited (1985) 61 ALR 435 applied.

NSW P.1545 of 1985 AMEV-UDC FINANCE LIMITED yv DAVID GREGORY CHArLES WALKEP & ORS

Wilcox J. Sydney 21 January 1386

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPSCY DISTRICT OF THE STATE

OF NEW SOUTH WALES AND

were eve vvrvnr

TRE AUSTRALIAN CAPITAL TERRITORY

BETWEEN :

No. P.1545 of 1985

AMEV-UDC FINANCE

AND:

LIMITED

Applicant

DAVID GREGORY CHARLES

COPAM: WILCOX J. DATE: 21 JANUARY 1986 PLACE: SYDNEY

MINUTE OF ORDERS

THE COUPT ORDERS THAT:

WALKER, CHPISTOPHEP NEIL CAMPBELL WALKEP , SANDRA LOUELLA WALKER and BUSHMAN'S RUN PTY LIMITED

Respondents

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NOTE:

nN

That each of the respondents, David Gregory Charles Walker, Christopher Neil Campbell Walker, Sandra Louella Walker and Bushman's Run Pty Limited, be adjudged guilty of contempt in having failed to comply with undertakings nos.1 and 5 in the

undertakings given by them to the Court on 15

November 1985.

In relation to these contempts, the respondent David Gregory Charles Walker pay to the District Registrar of the Court within twenty-one (21) days of this order a fine in the sum of three thousand dollars