Stoffels v Piper (No 2) [2024] NFSC 4

Supreme Court of Norfolk Island

Stoffels v Piper (No 2) [2024] NFSC 4 File number(s): SC 1 of 2023

Judgment of: WIGNEY J

Date of judgment: 3 June 2024

Date of publication of reasons: 6 June 2024

Catchwords: PRACTICE AND PROCEDURE – enforcement of court order – order for seizure and detention of property CONTEMPT OF COURT – failure to comply with court order – sentenced for contempt – punishment for contempt deferred

Legislation: Crimes (Sentencing) Act 2005 (ACT) Partition Act 1900 (NSW) Supreme Court Act 1960 (NI) s 5(2)(b) Court Procedures Rules 2006 (ACT) rr 2442, 2446, 2470, 2471, 2500, 2501, 2506

Cases cited: Stoffels v Piper [2024] NFSC 2 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3

Number of paragraphs: 51

Date of hearing: 3 June 2024

Solicitor for the Plaintiff: J Brown of McIntyres Lawyers

Counsel for the Defendant: The Defendant appeared in person

ORDERS SC 1 of 2023

BETWEEN: ERIKA LEE STOFFELS Plaintiff

AND: ANDREW HARRY PIPER Defendant

order made by: WIGNEY J DATE OF ORDER: 3 JUNE 2024

THE COURT ORDERS THAT:

1. Orders 2 and 3 of the orders made by Wigney J on 13 May 2024 be varied nunc pro tunc by deleting the words "17 May 2024" and inserting the words "22 May 2024". 2. An order for seizure and detention of property be made pursuant to rr 2442 and 2470 of the Court Procedures Rules 2006 (ACT), in the form annexed to these orders, in respect of 65 Captain Quintal Drive, Norfolk Island, in execution of order 9 of the orders made by Wigney J on 30 January 2024, as varied by order 1 of the orders made by Wigney J on 13 May 2024. 3. The defendant, Mr Andrew Harry Piper, be convicted of contempt for failing to comply with order 9 of the orders made by Wigney J on 30 January 2024, as varied by order 1 of the orders made by Wigney J on 13 May 2024. 4. The punishment, if any, of the defendant, Mr Andrew Harry Piper, for the contempt referred to in order 3 be deferred to 24 June 2024 at 10.15am AEST (11.15am Norfolk Island Time). 5. The defendant file and serve any evidence on which he wishes to rely and any submissions in respect of punishment, if any, of him for contempt on or before 17 June 2024. 6. The plaintiff file and serve any evidence on which she wishes to rely and any submissions in respect of punishment, if any, of the defendant for contempt on or before 20 June 2024. 7. The proceeding be listed for hearing on 24 June 2024 at 10.15am AEST (11.15am Norfolk Island Time).