Prothonotary of the Supreme Court of New South Wales v Whit [2023] NSWSC 264

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Whit [2023] NSWSC 264 Hearing dates: 9 March 2023 Date of orders: 9 March 2023 Decision date: 24 March 2023 Jurisdiction: Equity Before: Kunc J Decision: Contemnor executor sentenced to one year of imprisonment to be suspended if Court's orders complied with Catchwords: CONTEMPT – Criminal contempt – Contumacious breach of orders by executor – Significance of contemnor being an executor – Non-production – Penalties – Imprisonment Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Service and Execution of Process Act 1992 (Cth) Cases Cited: Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483; [1965] HCA 21 Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2 CMB v Attorney-General (NSW) (2015) 256 CLR 346; [2015] HCA 9 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375; [2015] HCA 9 NHB Enterprises Pty Ltd v Corry (No 8) [2022] NSWSC 97 Re Flavel; Application by Lipshut [2018] VSC 228 Category: Sentence Parties: Prothonotary of the Supreme Court of New South Wales (Applicant) Ronald Brian Whit (Respondent) Representation: Counsel: J Emmett SC (Applicant) T Spohr (Respondent) Solicitors: Crown Solicitor's Office (Applicant) Legal Aid Commission (Respondent) File Number(s): 2018/393492 Publication restriction: Nil