NSW Caselaw
New South Wales Supreme Court
CITATION : Circuit Finance Australia v Sobbi & Anor [2010] NSWSC 789
HEARING DATE(S) : 14 July 2010
JUDGMENT DATE : 21 July 2010
JURISDICTION :
JUDGMENT OF : Ball J
1. Finding of contempt against first defendant. DECISION : 2. Parties to be heard in relation to appropriate sanction. 3. Application for contempt against second defendant dismissed. 4. No order in relation to costs of second defendant.
CATCHWORDS : CONTEMPT - Breach of undertaking - whether first defendant's conduct was wilful - whether second defendant was capable of complying with order
LEGISLATION CITED : Uniform Civil Procedures Rules
CATEGORY : Procedural and other rulings
Anderson v Hassett [2007] NSWSC 1310 Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483 Australian Prudential Regulation Authority v Siminton (No 7) [2007] FCA 1069 Australasian Meat Industries Employees' Union v Mudginberri Station Pty Limited (1986) 161 CLR 98 Biba Ltd v Stratford Investments Ltd [1973] Ch 281 CASES CITED : Matthews v ASIC [2009] NSWCA 155 Metcash Trading Ltd v Bunn (No 5) [2009] FCA 16 Microsoft Corporation v Marks (No 1) (1996) 69 FCR 117 Spindler v Balog (1957) 76 WN (NSW) 391 Trade Practices Commission v CG Smith Pty Ltd (1978) 30 FCR 368 Witham v Holloway (1995) 183 CLR 525
Circuit Finance Australia Limited (Receivers & Managers Appointed) (In Liquidation) (Plaintiff) PARTIES : David Sobbi (First Defendant) Arezoo Chahili (Second Defendant)
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