NSW Caselaw
New South Wales Supreme Court
CITATION : Barkley v Barkley-Brown [2010] NSWSC 746
HEARING DATE(S) : 5 and 6 July 2010
JUDGMENT DATE : 15 July 2010
JUDGMENT OF : Ball J
DECISION : Application dismissed with costs.
CATCHWORDS : CONTEMPT - civil contempt - failure to comply with subpoena - applicant failed to prove respondent had documents in his possession or power - conduct engaged in by respondent not wilful. COSTS - whether costs should be awarded against a subpoenaed party - no factual basis for doing so in this case
LEGISLATION CITED : Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules (NSW)
CATEGORY : Principal judgment
Ainsworth v Hanrahan (1991) 25 NSWLR 155 Anderson v Hassett [2007] NSWSC 1310 Athens v Randwick City Council (2005) 64 NSWLR 58 Australian Consolidated Press Limited v Morgan (1965) 112 CLR 483 Australasian Meat Industries Employees' Union v Mudginberri Station Pty Limited (1986) 161 CLR 98 Barkley v Barkley-Brown [2010] NSWSC 747 Harris v Harris [2001] 2 FLR 895, 922-3 CASES CITED : J-Corp Pty Ltd v Australian Builders Labourers Union of Workers [1993] FCA 42 Lane v Registrar of Supreme Court of NSW (1981) 148 CLR 245 Re Bauhaus Pyrmont Pty Ltd (In Liq) [2006] NSWSC 879 Re Mileage Conference Group of the Tyre Manufacturers' Conference Ltd's Agreement [1966] 1 WLR 1137 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 98 Rochfort v Trade Practices Commission (1982) 153 CLR 134 Stancomb v Trowbridge Urban District Council [1910] 2 Ch 190 Witham v Holloway (1995) 183 CLR 525
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