NSW Caselaw
New South Wales Supreme Court
CITATION : Scott v O'Riley [2007] NSWSC 560
HEARING DATE(S) : 14 March, 16 March, 2 April, 28 May, 4 June
JUDGMENT DATE : 14 March 2007
JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 14 March 2007
DECISION : (1) Defendant found guilty of contempt; order for committal stayed for 4 days to enable defendant to comply with order (2) Order for committal stayed until further order upon defendant's undertaking to comply with original order, with liberty to plaintiff to apply to dissolve stay (3) Stay discharged and warrant for committal issued upon breach of undertaking (4) Defendant released from imprisonment upon apology and further undertaking to comply and evidence of alternative accommodation arrangements
CATCHWORDS : CONTEMPT – Procedure – Committal – Stay of execution – where undertaking to comply with order offered after defendant found guilty of contempt – Revocation of stay – where undertaking on which stay conditioned breached – Form of Warrant – Release from Committal – where apology and further undertaking to comply proffered
(NSW) Civil Procedure Act 2005 s 97 LEGISLATION CITED : (NSW) Supreme Court Rules 1970 Pt 55 (NSW) Uniform Civil Procedure Rules 2005 Pt 40
Attorney-General (NSW) v Haydon (1994) 34 NSWLR 638 CASES CITED : Registrar, Court of Appeal v Ritter (1985) 34 NSWLR 641 Nevill & Ashe, Equity Proceedings with Precedents (NSW)
PARTIES : Shirley Francis Scott John Joseph O'Riley
FILE NUMBER(S) : SC 3953/04
COUNSEL : Mr A M Gruzman (plaintiff) In person (defendant)
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