Baker v Paul (No 3) [2012] NSWSC 1174

Supreme Court New South Wales

Medium Neutral Citation: Baker v Paul (No 3) [2012] NSWSC 1174 Hearing dates: 21 September 2012 Decision date: 28 September 2012 Jurisdiction: Equity Division Before: Gzell J Decision: Notice of motion and charges of contempt dismissed with costs. Catchwords: PROCEDURE - Contempt, attachment and sequestration - freezing order extended and injunction granted against new party - belief that exceptions in freezing order applied to new injunction - whether an honest but mistaken belief - whether charges should fail as not in proper form Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 CCOM Pty Ltd v Jiejing Pty Ltd [1992] FCA 325; (1992) 36 FCR 524 Sigalla v TZ Limited [2011] NSWCA 334 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 Z Ltd v A-Z and AA-LL [1982] 1 QB 558 Category: Procedural and other rulings Parties: Kenneth James Baker (First Plaintiff) KJB Media Pty Ltd (Second Plaintiff) Anthony Christopher Paul (First Defendant) ACN: 129 258 546 Pty Ltd (Second Defendant) Tony Paul Media Pty Ltd (Third Defendant) Clifford John Sanderson (Producing Party) Representation: Counsel: M Sneddon (Plaintiffs) Dr E Peden (First and Third Defendants, and Producing Party) Solicitors: McLaughlin & Riordan (Plaintiffs) McLean & Associates (First and Third Defendants, and Producing Party) File Number(s): SC 2010/285602