Central Coast Animal Care Facility Inc v Wyatt [2023] NSWSC 741

Supreme Court New South Wales

Medium Neutral Citation: Central Coast Animal Care Facility Inc v Wyatt [2023] NSWSC 741 Hearing dates: 2 and 5 June 2023 Date of orders: 29 June 2023 Decision date: 29 June 2023 Jurisdiction: Equity Before: Slattery J Decision: Application dismissed. Noted that the Court proposes to make no order as to costs, as the first defendant is not legally represented. Liberty to apply in relation to costs granted for 21 days. Catchwords: CONTEMPT – Civil contempt – Breach of orders – orders required the first defendant to take steps to give the plaintiff access to certain rural premises – motion for contempt brought by the plaintiff for alleged breach of the Court's orders by the first defendant – whether the defendant denied the plaintiff access to the premises, or failed to take steps to give the plaintiff access to the premises – who was responsible for various obstructions to entry to the premises – whether an AVO existed which modified the Court's orders – whether the defendant denied the plaintiff access to the premises on an ongoing basis – whether the contempt charges exhibit duplicity - whether the plaintiff's allegations have been proved beyond reasonable doubt. Legislation Cited: Associations Incorporation Act 2009 Evidence Act 1995, s 140 Supreme Court Rules 1970, Part 55 r 13(1) Cases Cited: Australasian Meat Industry Employees' Union v Mudginberri Station Proprietary Limited (1986) 161 CLR 98 Australian Securities and Investments Commission v Sigalla (No 4) (2011) 80 NSWLR 113 Bellerive Homes Pty Ltd v FW Projects Pty Ltd [2019] NSWSC 193 Cantazariti v White House (1981) 55 FLR 428 Central Coast Animal Care Facility Inc v Wyatt [2022] NSWSC 1373 Commonwealth Bank of Australia v Salvato (No 4) [2013] NSWSC 321 Eshow v Zaia [2020] NSWCA 10 Furlong v Wise & Young [2019] NSWSC 1718 In the matter of Jimmy's Recipe Pty Limited [2020] NSWSC 93 Kymbo Pty Ltd v Paxton Management Pty Ltd [2001] NSWSC 792 Mahaffy v Mahaffy (2018) 97 NSWLR 119 Markisic v Commonwealth of Australia (2007) 69 NSWLR 737 NHB Enterprises Pty Ltd v Corry (No 7) [2021] NSWSC 741 Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd (No 2) [2018] NSWSC 1776 Toyota Finance Australia Limited v AJI Enterprise Group Pty Ltd [2019] NSWSC 33 Vasile v Perpetual Trustees WA Limited (1987) 10 BPR 18,091 Whitham v Holloway (1995) 183 CLR 525 Category: Consequential orders Parties: Plaintiff: Central Coast Animal Care Facility Incorporated First Defendant: Janelle Marie Wyatt Second Defendant: Troy Dean Wyatt Representation: Counsel: Plaintiff: T. Maltz