Gap Constructions Pty Ltd v Vigar Pty Limited [2011] NSWSC 1061

Supreme Court New South Wales

Medium Neutral Citation: Gap Constructions Pty Ltd v Vigar Pty Limited [2011] NSWSC 1061 Hearing dates: 8/09/2011 Decision date: 08 September 2011 Jurisdiction: Equity Division Before: Einstein J Decision: The charges against the first and second plaintiffs are dismissed. The plaintiffs are to pay the defendants' costs of the 23 August 2011 application and today's judgment on an indemnity basis. Catchwords: SENTENCE FOR CONTEMPT - Repeated failure to comply with the Court's orders- Relevant factors to be weighed on sentence- Purging of contempt- Dismissal of charge- Indemnity costs- Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Cases Cited: Attorney-General (NSW) v Whiley (1993) 31 NSWLR 314 Australian Securities and Investments Commission v Michalik [2004] NSWSC 1259 NCR Australia v Credit Connection [2005] NSWSC 1118 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Von Doussa v Owens (No 3) (1982) 31 SASR 116 Category: Sentence Parties: Gap Constructions Pty Ltd (First Plaintiff) Peter Bega (Second Plaintiff) Vigar Pty Ltd (First Defendant) Bega Group Pty Ltd (Second Defendant) Con Bosganas (Third Defendant) Bugong Pty Ltd (Fourth Defendant) Representation: Mr A Hourigan (Plaintiffs) Mr P Bruckner (1st , 2nd and 3rd Defendants) O' Neill Partners (Plaintiffs) Bolzan & Dimitri (1st, 2nd and 3rd Defendants) File Number(s): 2011/198502