NSW Caselaw
New South Wales Supreme Court
CITATION : Davies v Beyond Building Systems Pty Ltd & ors [2009] NSWSC 1282
HEARING DATE(S) : 23 October 2009 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 23 October 2009
DECISION : Contempt charges proved against second & third defendants - ordered to pay $10,000 each into court as security.
CATCHWORDS : PROCEDURE – Contempt – what constitutes – disobedience of court orders relating to access to records
LEGISLATION CITED : (NSW) Supreme Court Rules Pt 55 (NSW) Uniform Civil Procedure Rules Pt 40
CATEGORY : Separate question
Anderson v Haslett [2007] NSWSC 1310 Athens v Randwick City Council [2005] 64 NSWLR 58 Attorney-General v Times Newspapers Limited [1992] 1 AC 191 Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd [1986] 161 CLR 98 Heatons Transport (St Helens) Ltd v Transport and General Workers Union [1973] ICR 1 CASES CITED : Lewis v Pontypridd Caerphilly and Newport Railway Co [1895] 11 TLR 203 M v Home Office [1994] 1 AC 377 Markisic v Commonwealth [2007] 69 NSWLR 737 NCR Australia Pty Limited NSW v Credit Connection [2005] NSWSC 1118 Pattison v Bell [2007] FCA 137 Re Bramblevale Limited [1970] Ch 128 Re Mileage Conference Group of the Tyre Manufacturers Conference Limited's Agreement [1966] 1 WLR 1137
TEXTS CITED : Borrie and Lowe, Third Edition, The Law of Contempt
Steven Michael Davies (plaintiff) PARTIES : Beyond Building Systems Pty Ltd (first defendant) Vincent Brian Lee Smith (second defendant) Henrih Horthy (third defendant)
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