Fitts v Froome [2001] NSWSC 965

New South Wales Supreme Court

CITATION : Fitts v Froome [2001] NSWSC 965 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3299/01 HEARING DATE(S) : 17/10/01 JUDGMENT DATE : 31 October 2001

Registrar in Equity - Applicant PARTIES : Lindsay Froome & Craig Froome t/as Froome Consulting - First Respondent/Defendant 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 - non-compliance with orders of court - need to prove alleged contemnor's knowledge of content and meaning of orders - not relevant that order said to be by consent not consented to by alleged contemnor - not relevant that alleged contemnor not directly involved in relevant events Camerson v Cole (1943) 68 CLR 571 Jackson v Sterling Industries Ltd (1987) 162 CLR 612 Witham v Holloway (1995) 183 CLR 525 CASES CITED : Chapman v Saunders [2001] FCA 4 Amalgamated Television Services Pty Ltd v Marsden [2001] NSWCA 32 Hadkinson v Hadkinson [1952] P 285 Isaacs v Robertson [1985] 1 AC 97 DECISION : Each of Mr C. Froome and Mr L. Froome guilty of contempt of court

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IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BARRETT J

WEDNESDAY, 31 OCTOBER 2001

3299/01 – FITTS & ANOR v LINDSAY FROOME and CRAIG FROOME T/AS FROOME CONSULTING & ANOR

JUDGMENT HIS HONOUR: 1 By notice of motion filed on 2 August 2001 in accordance with a direction made by Palmer J on that day pursuant to Part 55 rule 11(1) of the Supreme Court Rules, the Registrar in Equity has applied for orders that Mr Craig Froome, Mr Lindsay Froome and Froome Consulting Pty Ltd be punished for contempt of Court in that they failed to comply with certain orders made on 24 July 2001. The application is supported by an affidavit of Senior Deputy Registrar Robinson sworn on 21 September 2001.