NSW Caselaw
New South Wales Supreme Court
CITATION : Anderson v Hassett [2007] NSWSC 1310 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 9 & 16 November 2007
JUDGMENT DATE : 19 November 2007
JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
DECISION : Application dealt with pursuant to UCPR r 40.7(4) notwithstanding that order with notice to party bound endorsed had not been served personally. Further service of motion dispensed with. Held, it is not necessary to establish that any failure to comply with an order was accompanied by a specific intention to disobey the court's order; failure to comply is contempt unless it is casual, accidental or unintentional. Defendant adjudged guilty of contempt.
CATCHWORDS : CONTEMPT – Civil contempt – failure to comply with order of court for production of documents – where defendant present in court when order made – personal service of order with notice to party bound endorsed dispensed with – where contempt motion served on defendant's receptionist – where no objection to sufficiency of service – personal service of motion dispensed with – whether plaintiff must prove specific intent to disobey order of court – whether breaches established – whether no more than casual, accidental or unintentional
(NSW) Civil Procedure Act, s 14 LEGISLATION CITED : (NSW) Supreme Court Rules, Pt 55 r 9 (NSW) Uniform Civil Procedure Rules 2005, r 40.7(1), (3), (4)
Athens v Randwick City Council (2005) 64 NSWLR 58; [2005] NSWCA 317 Attorney-General v Butterworth [1963] 1 QB 696 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; 66 ALR 577 Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483 Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322 Kirkpatrick v Kotsis [2004] NSWSC 1248 Lade & Co Pty Ltd v Black [2006] 2 QdR 531 CASES CITED : Lane v Registrar of the Supreme Court of New South Wales (1981) 148 CLR 245 Meissner v The Queen (1995) 184 CLR 132 Re Mileage Conference Group of the Tyre Manufacturers' Conference Ltd's Agreement [1966] 1 WLR 1137; [1966] 2 All ER 849 R v Rogerson, Nowytarger & Paltos (1992) 174 CLR 268 Registrar of the Supreme Court, Equity Division v McPherson [1980] 1 NSWLR 688 Seldon v Wilde [1911] 1 KB 701 Stancomb v Trowbridge Urban District Council [1910] 2 Ch 190 Witham v Holloway (1995) 183 CLR 525
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