Leaway v Newcastle City Council (No.2) [2005] NSWSC 826

New South Wales Supreme Court

Leaway v Newcastle City Council (No.2) [2005] NSWSC 826 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 : 26 August 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Plaintiff to be heard in Supreme Court proceedings notwithstanding that it is in contempt of Land and Environment Court

CATCHWORDS : PROCEDURE - contempt, attachment and sequestration - where the litigant in contempt of Land and Environment Court to be heard in Supreme Court proceedings - whether structure of the law concerning not hearing a person in contempt is a general rule subject to various exceptions, or a matter of discretion - exception requiring the contempt to have been in the same cause - significance of many judgments not recognising the exception requiring the contempt to have been in the same cause - factors relevant to exercise of discretion about whether to hear a litigant in contempt - JUDGMENTS AND ORDERS - reading reasons for judgment secundum subjectam materiam - CRIMINAL LAW - sentence - fines - procedures for enforcement

Bankruptcy Act 1966 (Cth) Crimes (Sentencing Procedures) Act 1999 Debtors Act 1869 (UK) Fair Trading Act 1987 Family Law Act 1975 Felons (Civil Proceedings) Act 1981 LEGISLATION CITED : Fines Act 1996 Imprisonment for Debt Abolition Act 1846 10 Victoria No 7 Insolvency Act 1843 7 Victoria No 19 Insolvency Act 1844 8 Victoria No 15 Interpretation Act 1987 Judicature Act 1873 (UK) Supreme Court Act 1970