Cooper, in the matter of Chopsonion Pty Ltd (Receivers and Managers Appointed) v Chopsonion Pty Ltd (Receivers and Managers Appointed) [2017] FCA 1207

FEDERAL COURT OF AUSTRALIA

Cooper, in the matter of Chopsonion Pty Ltd (Receivers and Managers Appointed) v Chopsonion Pty Ltd (Receivers and Managers Appointed) [2017] FCA 1207 File number: SAD 212 of 2016

Judge: BESANKO J

Date of judgment: 12 October 2017

Catchwords: CONTEMPT – consideration of an application for a charge of contempt against a former company director – where the Court made orders by consent for the delivery up of company books and records – whether the charge of contempt is proven beyond reasonable doubt – where the third defendant was aware of the order and failed to comply with it – where the failure to comply with the order was deliberate – where the third defendant contends, having regard to his ill health, that the plaintiffs have not proved beyond reasonable doubt that his actions were wilful and contumacious. PRACTICE AND PROCEDURE – where the plaintiffs sought an order dispensing with the requirement for personal service in compliance with r 41.07 of the Federal Court Rules 2011 (Cth) – where the plaintiffs sought an order dispensing with compliance with the requirement that the initial order bear the endorsement as required by r 41.06 of the Rules – where the defendant did not oppose the orders dispensing with the requirement for compliance with rr 41.07 and 41.06 of the Rules.

Legislation: Federal Court Rules 2011 (Cth) rr 41.06, 41.07, 42.13

Cases cited: Ambrose (Trustee), in the matter of Peter Athanasas (Bankrupt) (No 2) [2008] FCA 1016 Australasian Meat Industry Employees' Union and Others v Mudginberri Station Proprietary Limited (1986) 161 CLR 98 Hurd v Zomojo Pty Ltd [2015] FCAFC 148 Witham v Holloway (1995) 183 CLR 525