Novelly v Tamqia Pty Ltd (No 2) [2023] NSWSC 1091

Supreme Court New South Wales

Medium Neutral Citation: Novelly v Tamqia Pty Ltd (No 2) [2023] NSWSC 1091 Hearing dates: 3 August 2023 Date of orders: 8 September 2023 Decision date: 08 September 2023 Jurisdiction: Equity Before: Kunc J Decision: Contempt motion dismissed where applicant expressly particularised but failed to establish contumacious breaches of undertakings Catchwords: CIVIL PROCEDURE — Undertakings given to Court — Compliance a matter for the Court and not for parties to dispute between themselves without reference to the Court — Proceedings to be relisted promptly if party finds itself prospectively unable to comply or has failed to comply with undertakings — Not appropriate to file contempt motion for breach of undertakings without having relisted proceedings CONTEMPT — Civil contempt — Breach of undertakings — Statement of charge expressly particularised alleged breaches as contumelious — Applicant not entitled to succeed where only civil contempt established Legislation Cited: Supreme Court Rules 1970 (NSW) Cases Cited: Australasian Meat Industry Employees' Union, v Mudginberri Station Pty Ltd 161 CLR 98; [1986] HCA 46 Australian Competition and Consumer Commission (ACCC) v Allphones Retail Pty Ltd (No 4) (2011) 280 ALR 97; [2011] FCA 338 Australian Securities and Investments Commission v Sigalla (No 4) (2011) 80 NSWLR 113; [2011] NSWSC 62 Bathurst Real Estate Pty Ltd v Fairbrother [2022] NSWSC 351 Markisic & Anor v Keelty [2005] NSWSC 1124 Markisic v Commonwealth of Australia (2006) 69 NSWLR 737; [2007] NSWCA 92 Mosman Municipal Council v Kelly (No 3) (2009) 167 LGERA 91; [2009] NSWLEC 92 Novelly v Tamqia Pty Ltd [2022] NSWSC 1607 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Texts Cited: The Hon Justice Natalie Adams and Belinda Baker, "Sentencing for Contempt of Court", National Judicial College of Australia and the Australian National University Sentencing Conference, 29 February 2020. Category: Principal judgment Parties: Jared Novelly (plaintiff) Tamqia Pty Ltd (first defendant) Marie Bolton (second defendant) Representation: Counsel: P Barham (plaintiff) D Lloyd SC/Ms LJ Moussa (defendants)