NSW Caselaw
New South Wales Supreme Court
CITATION : Specialty Fashion Group Limited v Muirhead Nominees Pty Ltd & Ors [2009] NSWSC 754
HEARING DATE(S) : 29 July 2009 JURISDICTION : Equity
JUDGMENT OF : Bergin CJ in Eq
EX TEMPORE JUDGMENT DATE : 29 July 2009
DECISION : Plaintiff may proceed in respect of consent orders - Charge against non-consenting party dismissed
CATCHWORDS : CONSENT ORDERS - Where parties draft a consent order for disclosure of information - Parties represented - Presumption of informed consent when no evidence otherwise - CONTEMPT - Preliminary application that order ambiguous and unable to sustain a finding of contempt
LEGISLATION CITED : Civil Procedure Act 2005, s 87 Evidence Act 1995, s 128A
Kirkpatrick v Kotis [2004] 62 NSWLR 567 CASES CITED : Ross v Internet Wines Pty Ltd [2004] 60 NSWLR 436 Vasil v National Australia Bank Ltd (1999) 46 NSWLR 207
Specialty Fashion Group Limited (Plaintiff) Beautree Pty Ltd (Third Defendant) PARTIES : Richard Bamford (Fourth Defendant) A.E.M. Holdings Pty Limited (Eighth Defendant) Patricia Yonon (Ninth Defendant)
FILE NUMBER(S) : SC 2765 of 2009
COUNSEL : R Beech-Jones SC/MA Friedgut (Plaintiff) RD Marshall/PK Bruckner (Third, Fourth, Eighth and Ninth Defendants)
SOLICITORS : Arnold Bloch Leibler (Plaintiff) Whitehead Cooper Williams (Third, Fourth, Eighth and Ninth Defendants)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BERGIN CJ IN EQ
29 JULY 2009
2765 of 2009 SPECIALTY FASHION GROUP LIMITED v MUIRHEAD NOMINEES PTY LIMITED ACN 062 711 175 & ORS JUDGMENT 1 This is a preliminary application brought by the third, fourth, eighth and ninth defendants in respect of the Notice of Motion brought by the plaintiff for orders that those defendants be found guilty of contempt of this Court in failing to comply with orders made on 15 May 2009. 2 The Statements of Charge in respect of those defendants rely upon ex parte orders made on 12 May 2009 and consent orders (as between the plaintiff and the fourth, eighth and ninth defendants (the defendants)) on 15 May 2009. The orders made on 12 May 2009 included the following:
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