GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 6) [2024] NSWSC 1007

Supreme Court New South Wales

Medium Neutral Citation: GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 6) [2024] NSWSC 1007 Hearing dates: 6 August 2024 Decision date: 14 August 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Charge 1 dismissed Catchwords: CONTEMPT – civil contempt – breach of orders – notice and knowledge of terms of orders – where plaintiffs seek orders that the third and fourth defendants be found guilty of contempt of court for non-compliance with court orders – where fourth defendant is sole director of the third defendant – where orders made by consent by the duty judge – where fourth defendant did not see or read emails from former solicitor containing proposed consent orders – where fourth defendant had some discussions with former solicitor or assistant about proposed consent orders – where former solicitor incorrectly summarised the terms of the court orders once made – whether third defendant by its sole director, the fourth defendant, knew of the terms of the court order Cases Cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46 Eshow v Zaia [2020] NSWCA 10 Forestview Nominees Pty Ltd v Perron Investments Pty Ltd (1999) 93 FCR 117; [1999] FCA 405 GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 5) [2024] NSWSC 951 Huang v Liao [2022] NSWSC 347 NHB Enterprises Pty Ltd v Corry (No 7) [2021] NSWSC 741 Novelly v Tamqia Pty Ltd [2024] NSWCA 167 Sargent v ASL Developments Ltd (1974) 131 CLR 634; [1974] HCA 40 Category: Procedural rulings Parties: GEMI 169 Pty Ltd (First Plaintiff/Applicant) GI 214 Pty Ltd (Second Plaintiff/Applicant) F & L Violi Pty Ltd (Third Defendant/First Respondent) Frank Paul Violi (Fourth Defendant/Second Respondent) Representation: Counsel: H W Somerville / D Meyerowitz-Katz (Plaintiffs/Applicants) S M Golledge SC / D Edney (Third and Fourth Defendants/First and Second Respondents)