NSW Caselaw
New South Wales Supreme Court
CITATION : Trevenar v Ussfeller & Ors [2006] NSWSC 807
HEARING DATE(S) : 26/07/06
JUDGMENT DATE : 26 July 2006
JURISDICTION : Equity Division
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 07/26/2006
DECISION : Counsel to bring in short minutes of order.
CATCHWORDS : PRACTICE & PROCEDURE – Plaintiff made application to punish first and third defendants for alleged contempt of earlier orders of Court – Evidence that defendants not served with sealed copy of earlier orders – Plaintiff indicated that if Court would not allow contempt application to proceed without service of sealed copy of orders, plaintiff would instead seek orders in same terms as earlier orders – Plaintiff in substance asking Court to express view in advance of hearing of contempt application – Whether Court should express provisional view – Expression of provisional view could create reasonable apprehension of pre-judgment or bias – Plaintiff entitled to proceed with contempt application without expression of provisional view – Orders made requiring first and third defendants' attendance to answer charge of contempt.
LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) Civil Procedure Act 2005 (NSW)
CASES CITED : Attorney General for NSW v Heydon (1994) NSWLR 638 Registrar Court of Appeal v Ritter (1985) 34 NSWLR 641
Melba Josephine Trevenar PARTIES : v Margaret Mary Ussfeller & Ors
FILE NUMBER(S) : SC 2842/04
COUNSEL : Plaintiff: S Docker Defendant: N/A
SOLICITORS : Plaintiff: Kemp Strang Defendant: Acclaim Legal
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate