Firstmac Fiduciary Services Pty Limited v Gilmour (No 3) [2013] NSWSC 570

Supreme Court New South Wales

Medium Neutral Citation: Firstmac Fiduciary Services Pty Limited v Gilmour (No 3) [2013] NSWSC 570 Hearing dates: 09/05/2013 Decision date: 17 May 2013 Jurisdiction: Common Law Before: Garling J Decision: (1)The defendant is guilty of contempt of court in that he disobeyed the Order of the Court dated 18 July 2012 by re-entering the land comprised in folio identifier 40/792157 being the whole of the land situated and known as Lot 40 in Deposited Plan 792157 at Jeremadra, Local Government Area Eurobodalla, Parish of Tomaga County of St Vincent, also known as 25 Old Mossy Point Rd Jeremadra NSW after possession had been delivered to the plaintiff. (2)The defendant be committed to imprisonment for his disobedience of the Order of the Court dated 18 July 2012 for a fixed term of 3 months. (3)A warrant be issued for the arrest of the defendant. (4)Firstmac Fiduciary Services Pty Ltd is to notify Mr Gilmour, by email or by registered mail, within 24 hours of the exchange of contracts for the sale of the property, of the fact of that exchange and the time agreed for the completion of the contract. (5)Firstmac Fiduciary Services Pty Ltd is to notify Mr Gilmour, by email or by registered mail, within 24 hours of the completion of the contract for the sale of the property, of the fact of that completion. (6)The defendant pay the plaintiff's costs of the Motion on an indemnity basis. (7)Liberty to either party to apply to the Court to discharge Order 2 on 2 hours' notice to the other party. Catchwords: CONTEMPT OF COURT - deliberate obstruction of course of justice - conduct knowingly inconsistent with court order - intention to prevent plaintiff having benefit of judgment - absence of contemnor - discretion to proceed to hearing and sentence - fixed or indefinite term of imprisonment - warrant for committal to a correctional centre. Cases Cited: Anderson v Hassett [2007] NSWSC 1310 Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58 Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 Australian Consolidated Press Limited v Morgan [1965] HCA 21; (1965) 112 CLR 483 Baltic Shipping Company v Dillon (1991) 22 NSWLR 1 Fisher v Marin [2007] NSWSC 1411 Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255 Firstmac Fiduciary Services Pty Limited v Gilmour (No 2) [2013] NSWSC 416 Iberian Trust Limited v Founders Trust Limited [1932] 2 KB 87 Metcash Trading Ltd v Bunn (No.5) (2009) FCA 16 Microsoft Corporation v Marks (No 1) (1996) 69 FCR 117; (1996) 139 ALR 99 Morris v Crown Office [1970] 2 QB 114 Spokes v Banbury Board of Health (1865) LR 1 Eq 42 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 Category: Principal judgment Parties: Firstmac Fiduciary Services Pty Ltd (P) Brett Andrew Gilmour (D) Representation: Counsel: A Kaufmann (P) No appearance (D) Solicitors: Gadens Lawyers (P) No appearance (D) File Number(s): 2012/33768