Hoxton Park Resident's Action Group Inc. v Liverpool City Council [2014] NSWSC 704

Supreme Court New South Wales

Medium Neutral Citation: Hoxton Park Resident's Action Group Inc. v Liverpool City Council [2014] NSWSC 704 Hearing dates: 23 May 2014 Decision date: 30 May 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Plaintiffs' charge of contempt against the second, third, fourth and fifth defendants dismissed. Catchwords: CONTEMPT OF COURT - whether the Court has jurisdiction to make coercive orders against the States or Commonwealth of Australia for wilful failure to comply with orders for discovery - whether the States or Commonwealth can be charged with wilful contempt - whether enforcement orders in the nature of sequestration or fines can be made against the States or Commonwealth - whether charge of contempt should be made against parties for failure to comply with orders where there is genuine debate as to whether orders have been complied with. Legislation Cited: Judiciary Act 1903 (Cth) s 64 Cases Cited: Arnold v Minister Administering Water Management Act (2009) 165 LGERA 32 Cawood v Green (26 June 1974 unreported) Commonwealth v Miller [1910] HCA 46; 10 CLR 742 Crowther v Queensland [2007] 1Qd 232 Griffin v South Australia [1924] HCA 40; 35 CLR 200 M v Home Office [1994] 1 AC 377 Category: Principal judgment Parties: Hoxton Park Residents Action Group Inc (first plaintiff) Marella Harris (second plaintiff) Liverpool City Council (first defendant) Malek Fahd Islamic School Limited (second defendant) Australian Federation of Islamic Councils Inc (third defendant) State of New South Wales (fourth defendant) Commonwealth of Australia (fifth defendant) Representation: Counsel: Mr P King (first and second plaintiff) No appearance (first defendant) Ms E Glover (second and third defendant) Mr H El Hage (fourth defendant) Mr S Free (fifth defendant) Solicitors: Robert Balzola and Associates (first and second plaintiff) No appearance (first defendant) Goldrick Farrell Mullan (second and third defendant) Crown Solicitor (fourth defendant) Australian Government Solicitor (fifth defendant) File Number(s): 2009/00289796 Publication restriction: None