In the matter of Gap Constructions Pty Ltd - Application under Corporations Act: Gap Constructions Pty Limited & Anor v Vigar Pty Limited & Ors [2012] NSWSC 30

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gap Constructions Pty Ltd - Application under Corporations Act: Gap Constructions Pty Limited & Anor v Vigar Pty Limited & Ors [2012] NSWSC 30 Hearing dates: 3 February 2011 Decision date: 06 February 2011 Jurisdiction: Equity Division - Duty List Before: Ball J Decision: Paragraph 1 of the motion filed on 25 January 2012 be dismissed with costs. Catchwords: CONTEMPT - concurrent contempt, civil and criminal proceedings - whether motion for contempt should be stood over until after substantive proceedings - whether contempt hearing prejudicial to later criminal trial - determination of defendant's credit in contempt proceedings Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Australian Meat Industry Employees' Union v Mudginberri Station Pty Limited (1986) 161 CLR 98 Gypsy Fire v Truth Newspaper Pty Ltd (1987) 9 NSWLR 382 Kevern v Marshall [2000] NSWSC 1236 Category: Procedural and other rulings Parties: GAP Constructions Pty Limited ACN 122 350 038 (First Plaintiff - Respondent on Motion) Peter Bega (Second Plaintiff - Respondent on Motion) Vigar Pty Limited (In Liquidation) ACN 070 145 452 (First Defendant) Bega Group Pty Limited ACN 139 252 529 (Second Defendant - Applicant on Motion) Con Bosganas (Third Defendant - Applicant on Motion) Bugong Pty Limited (In Liquidation) ACN 089 116 405 (Fourth Defendant) Representation: A J Hourigan (Plaintiffs - Respondents on Motion) Ms C Latham (Second and Third Defendants - Applicants on Motion) Sarvaas Ciappara Lawyers (Plaintiffs - Respondent on Motion) Horowitz & Bilinsky Lawyers (Second and Third Defendants - Applicants on Motion) File Number(s): 2011/198502