NSW Caselaw
New South Wales Supreme Court
Leaway v Newcastle City Council (No.1) [2005] NSWSC 696 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 5 July 2005
JUDGMENT DATE : 5 July 2005
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Section 82 not used
CATCHWORDS : PROCEDURE - Supreme Court procedure - power to require admissions to be made - whether appropriate to be used in an application that a party not be heard on the ground that it is in contempt - PROCEDURE - contempt, attachment and sequestration - application to not hear a party found to be in contempt - whether appropriate to use section 82 Supreme Court Act to require admissions in such an application
Fair Trading Act 1987 LEGISLATION CITED : Supreme Court Act 1970
KP Cable Investments Pty Limited v Meltglow Pty Ltd (1995) 56 FCR 189 Permewan Wright Consolidated Pty Ltd v Attorney General (NSW) (1978) 35 NSWLR 365 CASES CITED : Witham v Holloway (1995) 183 CLR 525 Young v Jackman (1986) 7 NSWLR 97
Leaway Pty Limited - Plaintiff PARTIES : Newcastle City Council - First Defendant Daryl Grey - Second Defendant
FILE NUMBER(S) : SC 3694/05
D Allen - Plaintiff COUNSEL : P W Larkin - First Defendant D Pritchard - Second Defendant
Brooks & Co - Plaintiff SOLICITORS : Sparke Helmore - First Defendant Spark Helmore - Second Defendant
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST
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