Federal Court of Australia
Federal Court of Australia
Westpac Banking Corporation v Forum Finance Pty Limited (Contempt Application) [2021] FCA 1341 File number(s): NSD 616 of 2021
Judgment of: LEE J
Date of judgment: 20 October 2021
Catchwords: CONTEMPT OF COURT – application to punish Mr Papas for contempt of Court – alleged conduct contrary to a freezing order – failure to return to Australia to answer statement of charge – orthodox requirements for service ineffective – substituted service ordered – warrant issued for arrest and detention – withdrawing from Court's jurisdiction – no inability for Mr Papas to return to Australia – sufficient funds to return – failure to update notice of address for service
Legislation: Federal Court of Australia 1976 (Cth) s 31 Federal Court Rules 2011 (Cth) rr 1.32, 1.34, 1.39, 42.13
Cases cited: Ferrand v The Mayor, Aldermen and Burgesses of Bradford (1856) 8 De G M & G 93; 44 ER 324 Lazar v Taito (Aust) Pty Ltd (1985) 5 FCR 395 Mensink v Parbery [2018] FCAFC 101; (2018) 264 FCR 265
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 30
Date of hearing: 20 October 2021
Counsel for the Applicants: Mr J Giles SC with Ms C Hamilton-Jewell
Solicitor for the Applicants: MinterEllison
Counsel for the Liquidators: Mr N Kidd SC
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