NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Commissioner for Fair Trading v Rixon (No.2) [2014] NSWSC 431 Hearing dates: 03/04/2014 Decision date: 09 May 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Mr Matthew Rixon, by his conduct in the periods and with respect to each of the five properties specified in the Statement of Charge, is guilty of contempt of Court, in that he was in breach of the Court's orders dated 17 April 2013. (2) Proceedings fixed for directions at 9.15am on 16 May 2014. Catchwords: PROCEDURE - civil - judgments and orders - consent orders - permanent injunctions preventing conduct with respect to residential building work - Home Building Act 1989, s 138 - Australian Consumer Law 2010, s 233
PROCEDURE - civil - judgments and orders - contempt - consent orders - breach of - whether breach was accidental or unintentional Legislation Cited: Australian Consumer Law 2010 Home Building Act 1989 Home Building Regulation 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Anderson v Hassett [2007] NSWSC 1310 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 Australian Consolidated Press Ltd v Morgan [1965] HCA 21; (1965) 112 CLR 483 Circuit Finance Australia v Sobbi [2010] NSWSC 789 Commissioner for Fair Trading v Rixon [2014] NSWSC 491 Commonwealth Bank of Australia v Salvato (No.4) [2013] NSWSC 321 Matthews v Australian Securities Investment Commission [2009] NSWCA 155 Metcash Trading Ltd v Bunn (No.5) [2009] FCA 16 Microsoft Corporation v Marks (No.1) (1996) 69 FCR 117 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Spindler v Balog (1959) 76 WN (NSW) 391 Trade Practices Commission v C. G. Smith Pty Ltd (1978) 30 FLR 368 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 Category: Interlocutory applications Parties: Commissioner for Fair Trading (P) Matthew Geoffrey Rixon (D) Representation: Counsel: G Sarginson (P) No Appearance (D) Solicitors: M Nicoletti (P) File Number(s): 2012/382762
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