Goldspring v Jordan [2024] NSWCA 158

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Goldspring v Jordan [2024] NSWCA 158 Hearing dates: 16 June 2024 Date of orders: 01 July 2024 Decision date: 01 July 2024 Before: Bell CJ at [1]; Leeming JA at [94]; Harrison JA at [95]. Decision: 1. Order that the time for filing a Notice of Appeal be extended to 7 March 2024. 2. Order that orders 1(a), 3(a) and 5(a) of the orders made by Henry J on 29 January 2024 be varied as follows: "(1) Peter Michael Goldspring is in contempt of this Court by failing to comply with orders made by Hallen J on 24 June 2020 (Hallen J's Orders) by: (a) failing to produce the Macquarie Share Portfolio Account XXXX 9329 (Macquarie Share Account) statements, as referred to in paragraph 11(d) of the Amended Statement of Charge relating to Hallen J's Orders annexed to the Amended Motion; … (3) Mark Andrew Goldspring is in contempt of this Court by failing to comply with Hallen J's Orders by: (a) failing to produce the Macquarie Share Account statements, as referred to in paragraph 11(d) of the Amended Statement of Charge relating to Hallen J's Orders annexed to the Amended Motion; … (5) Marianne Evelyn Goodchild is in contempt of this Court by failing to comply with Hallen J's Orders by: (a) failing to produce the Macquarie Share Account statements, as referred to in paragraph 11(d) of the Amended Statement of Charge relating to Hallen J's Orders annexed to the Amended Motion; …" 3. Otherwise dismiss the appeal with costs. Catchwords: CONTEMPT – Civil contempt – Breach of orders – Non-production – whether charges drafted with sufficient particularity to provide the Appellants with a fair hearing – whether findings of civil contempt proven beyond a reasonable doubt – whether documents existed or were in the custody, power or possession of the Appellants – whether primary judge erred in making findings that did not reflect the Statement of Charge – power of the Court to make any order which ought to have been made pursuant to s 75A(10) of the Supreme Court Act 1970 (NSW) Legislation Cited: Supreme Court Act 1970 (NSW) ss 75A(1), 101(5) Uniform Civil Procedure Rules 2005 (NSW) r 51.16(1)(c) Cases Cited: Ford v Princehorn [2012] NSWSC 1165 Hancock v Reinhart [2015] NSWSC 646 New South Wales Bar Association v Muirhead (1988) 14 NSWLR 173 Torlonia v Wright [2016] NSWSC 1139 Texts Cited: H Ford and W Lee, Principles of the Law of Trust (3rd ed, 1995, Law Book Co.) R Geddes, C Rowland and P Studdert, Wills, Probate and Administration Law in New South Wales (1st ed, 1996, LBC Information Services) Category: Principal judgment Parties: Peter Michael Goldspring (First Appellant) Mark Andrew Goldspring (Second Appellant) Marianne Evelyn Goodchild (Third Appellant) Katherine Mary Jordan (First Respondent) Rhonda Fay Thomas (Second Respondent) Lynette June Goldspring (Third Respondent) Representation: Counsel: