NSW Caselaw
New South Wales Supreme Court
CITATION : Leung v Good Friend Development Pty Ltd [2008] NSWSC 142
HEARING DATE(S) : 26/02/08
JUDGMENT DATE : 26 February 2008
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 26 February 2008
DECISION : Motion for punishment for contempt dismissed with costs
CATCHWORDS : PROCEDURE - contempt, attachment and sequestration - alleged breach of consent order requiring payments of money - where terms of order uncertain or ambiguous - resort to surrounding circumstances - no real clarification provided by surrounding circumstances - no alternative but to construe order according to its terms - motion dismissed
LEGISLATION CITED : Supreme Court Rules 1970, Part 55 rules 7, 9 Uniform Civil Procedure Rules 2002, rule 7 schedule 2, rule 40.7
CATEGORY : Principal judgment
Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 CASES CITED : Kirkpatrick v Kotis (2004) 62 NSWLR 567 Leung v Good Friend Development Pty Ltd [2007] NSWSC 713 Rogers v Wentworth (NSWCA, unreported, 18 April 1988)
Pin Ko Leung - First Plaintiff Fook Cheung Leung - Second Plaintiff PARTIES : Good Friend Development Pty Limited - First Defendant Kim Hung Kwong (aka Sherman Kwong) - Second Defendant Sandy Kwong (aka Wai Kwan Ng) - Third Defendant Belinda Wong (aka Yuk Ling Belinda Wong - Fourth Defendant
FILE NUMBER(S) : SC 2906/07
COUNSEL : Mr S Y Reuben - Plaintiffs Mr G W McGrath - Defendants
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