D.B. Mahaffy & Associates v Mahaffy [2014] NSWSC 307

Supreme Court New South Wales

Medium Neutral Citation: D.B. Mahaffy & Associates v Mahaffy [2014] NSWSC 307 Hearing dates: 3 April 2014 Decision date: 03 April 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. The hearing date of 7 April 2014 is vacated. 2. The defendant's (Jeffrey Mahaffy's) notice of motion seeking to punish the plaintiff for contempt is fixed for hearing on 15 August 2014 for one day. 3. Direct the Defendant (Jeffrey Mahaffy) to file and serve any further affidavits on which he wishes to rely on or before 30.04.14. 4. Direct the Defendant (Jeffrey Mahaffy) to file and serve written submissions, including submissions identifying the evidence to be relied upon, on or before 30.06.14. 5. Direct the Plaintiff (David Mahaffy) to file and serve his written submissions on or before 28.07.14. 6. The Plaintiff is not to be permitted to rely upon any further evidentiary material without the leave of the trial judge. 7. There be liberty to apply on three days' notice. Catchwords: CONTEMPT PROCEEDINGS - adjournment - no question of principle. Cases Cited: - DB Mahaffy & Associates v Mahaffy [2013] NSWSC 1863 - Mahaffy v Mahaffy [2013] NSWSC 245 Category: Interlocutory applications Parties: D.B. Mahaffy & Associates Pty Ltd (First Plaintiff) David Bruce Mahaffy (Second Plaintiff/ Respondent) Jeffrey Robert Mahaffy (Defendant/ Applicant) Representation: Counsel: No appearance (Plaintiffs/Respondent) In person (Defendant/Applicant) Solicitors: No appearance (Plaintiffs/Respondent) In person (Defendant/Applicant) File Number(s): 2010/119143