GALEA v NEW SOUTH WALES EGG CORPORATION [1988] NSWCA 47

GALEA v NEW SOUTH WALES EGG CORPORATION

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SAMUELS JA 16 December 1988

[1988] NSWCA 47

Samuels JA. This is a Notice of Motion in which the claimant, Mr Paul Galea,

seeks orders staying execution upon orders made by Needham J on 9 February and 19 August this year, and restraining the sequestrators appointed under the Writ of Sequestration issued by Cohen J in April of this year from selling and otherwise dealing with the real and personal property of the claimant.

The dispute between Mr Galea and the New South Wales Egg Corporation arises out of provisions of the Egg Industry Act 1983 which the Corporation has sought to uphold, and the validity and the legal effect of which Mr Galea disputes.

The matter, which came before Needham J in February, involved a conflict between them, that is Mr Galea and the Corporation, concerning the effect of the Act in which it was alleged that Mr Galea had been committing various breaches of that provision. Needham J gave reasons on 3 February and stood the matter over to 9 February; and it is evident from the material before the court that he gave theclaimant every reasonable opportunity to apply then for a stay of execution of the orders which he pronounced. No such application was made.

Included in Needham J's orders was a reference to the Master to assess damages, if any, which the Corporation had suffered, in consequence of the breaches of the Act which the learned judge had found that Mr Galea had committed. Thereafter Mr Galea failed to obey the orders which Needham J had made and an application came before Cohen J on 18 April this year, seeking that Mr Galea be dealt with for contempt. Cohen J found the contempt proved, imposed a fine and ordered a writ of sequestration to issue but to lie in the office for a period.