Wyszenko v Wyszenko [2012] NSWSC 732

Supreme Court New South Wales

Medium Neutral Citation: Wyszenko v Wyszenko [2012] NSWSC 732 Hearing dates: 19 June 2012 Decision date: 19 June 2012 Jurisdiction: Equity Division Before: White J Decision: 1. Order that the plaintiff's notice of motion dated 23 January 2012 be dismissed with no order as to costs. 2. Exhibit A may be returned, but the documents comprising Exhibit A are to be retained by Ms Wyszenko, at least until the expiry of 28 days, and if any appeal is filed, until the determination of such an appeal. Catchwords: CONTEMPT OF COURT - civil contempt - failure to comply with order of the Court to pay costs - whether failure to make payment deliberate or wilful - failure to make payment not so described if defendant unable to pay - no evidence that defendant has moneys with which to pay the judgment debt - held failure to comply with order within time not deliberate or wilful Legislation Cited: Evidence Act 1995 (NSW) Civil Procedure Act (2005) Cases Cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 Anderson v Hassett [2007] NSWSC 1310 Markisic v The Commonwealth of Australia [2007] NSWCA 92; (2007) 69 NSWLR 737 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Sigalla v TZ Limited [2011] NSWCA 334 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 Australian Securities and Investments Commission v Sigalla (No. 4) [2011] NSWSC 62 National Australia Bank (NAB) Ltd v Juric [2001] VSC 375 Wyszynski v Bill [2005] NSWSC 110 Re Davies (1888) 21 QBD 236 Morgan v State of Victoria [2008] VSCA 267; (2008) 22 VR 237 Category: Principal judgment Parties: Stanislov Wyszenko (Plaintiff) Evi Wyszenko (Defendant) Representation: Counsel: B Loukas (Plaintiff) In Person (Defendant) Solicitors: Edwards Legal Services (Plaintiff) File Number(s): 2010/140801