NSW Caselaw
New South Wales Supreme Court
CITATION : Norco Co-operative Limited v Kelly [2010] NSWSC 1011
HEARING DATE(S) : 3 September 2010
JUDGMENT DATE : 3 September 2010
JURISDICTION : Equity Division
JUDGMENT OF : Lindgren AJ
EX TEMPORE JUDGMENT DATE : 3 September 2010
DECISION : 1. Declaration made as to amount secured by charging order. 2. Charges of contempt of court dismissed.
CATCHWORDS : PRACTICE AND PROCEDURE - contempt of court - contemnor signed by way of consent, and returned to plaintiff's solicitors, short minutes of orders restraining her from disposing of property and requiring her to file and serve asset disclosure affidavit - she disposed of property and failed to file and serve affidavit - no evidence that making of order or its contents known to contemnor - copy of order not served on contemnor and contemnor not in court when order made - charges of contempt of court not proved.
CATEGORY : Procedural and other rulings
CASES CITED : Norco Co-operative Limited v Kelly [2010] NSWSC 719
Norco Co-operative Limited (Plaintiff) PARTIES : Hazel Magdalene Kelly (also known as Hazel Magdalene Groat) (First Defendant) Fabre Kelly (Second Defendant)
FILE NUMBER(S) : SC 287863 of 2009
Mr D A Lloyd (Plaintiff) COUNSEL : In person (via video link) (First Defendant) No appearance (Second Defendant)
Lee & Lyons (Plaintiff) SOLICITORS : In person (via video link) (First Defendant) No appearance (Second Defendant)
- 15 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
LINDGREN AJ
FRIDAY 3 SEPTEMBER 2010
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