Stoffels v Piper (No 3) [2024] NFSC 5

Supreme Court of Norfolk Island

Stoffels v Piper (No 3) [2024] NFSC 5 File number(s): SC 1 of 2023

Judgment of: WIGNEY J

Date of judgment: 15 July 2024

Date of publication of reasons 31 July 2024

Catchwords: CONTEMPT OF COURT – where failure to comply with court order – sentencing for contempt – defendant fined – defendant to pay plaintiff's costs as a fixed sum

Legislation: Court Procedures Rules 2006 (ACT) r 1720(3)(c) Partition Act 1900 (NSW) s 4(1)(b)

Cases cited: Kazal v Thunder Studios Inc (California) and Another [2017] FCAFC 111; (2017) 256 FCR 90 Polleycutt v Taylor [2020] ACTSC 158 Stoffels v Piper (No 2) [2024] NFSC 4 Stoffels v Piper [2024] NFSC 2

Number of paragraphs: 27

Date of hearing: 15 July 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: 15 JULY 2024

THE COURT ORDERS THAT:

1. The defendant, Mr Andrew Harry Piper, be fined the sum of $5,000 in respect of his conviction for 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. 2. The payment of the fine referred to in order 1 be wholly suspended on the condition that the defendant not engage in any conduct which materially impedes or obstructs the sale of the Property pursuant to the orders made by Wigney J on 30 January 2024. 3. The defendant pay the plaintiff's costs of the plaintiff's application in the proceeding filed 19 April 2024, as amended, in relation to the enforcement of the orders made by Wigney J on 30 January 2024. 4. The costs payable pursuant to order 3 are fixed pursuant to rule 1720(3)(c) of the Court Procedures Rules 2006 (ACT), in the sum of $15,000.