Registrar in Equity v Froome [2001] NSWSC 1029

New South Wales Supreme Court

CITATION : Registrar in Equity v Froome [2001] NSWSC 1029 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3299/01 HEARING DATE(S) : 06/11/01 JUDGMENT DATE : 16 November 2001

Registrar in Equity - Applicant PARTIES : Lindsay Froome & Craig Froome t/as Froome Consulting - First Respondents/Defendants Froome Consulting Pty Ltd - Second Respondent/Defendant JUDGMENT OF : Barrett J

COUNSEL : Mr D. Cowan - Applicant Mr T.J. Moore - Respondents SOLICITORS : State Crown Solicitor - Applicant Hovan & Co - Respondents CATCHWORDS : PROCEDURE - Contempt, attachment and sequestration - punishment for contempt consisting of failure to comply with court orders - contempt classified as wilful but without specific intent to defy the authority of the court - one order capable of being complied with now substantially satisfied - apology by each contemnor - fine not appropriate as limited funds better deployed elsewhere - imprisonment not appropriate as contemnors should be free to devote efforts to substantive proceedings - punishment by direction to enter into good behaviour bond sufficiently indicate seriousness of conduct and community disapproval - contemnors also ordered to pay costs on indemnity basis LEGISLATION CITED : Fines Act 1996 Crimes (Sentencing Procedure) Act 1999 Pelechowski v Registrar of the Court of Appeal (1999) 198 CLR 435 CASES CITED : Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Tynan v Meharg [1999] NSWCA 157 Principal Registrar of the Supreme Court v Jando [2001] NSWSC 969 DECISION : Refer paragraph 21