Paccar Financial Pty Limited v Ian Menzies & Colleen Menzies [2015] NSWSC 501

Supreme Court New South Wales

Medium Neutral Citation: Paccar Financial Pty Limited v Ian Menzies & Colleen Menzies [2015] NSWSC 501 Hearing dates: 26 February 2015 Date of orders: 04 May 2015 Decision date: 04 May 2015 Jurisdiction: Common Law Before: Rothman J Decision: (1) Ian Menzies, is guilty of contempt of this Court, in that in breach of the Order made and entered by this Court on 13 June 2013 whereby Ian Menzies and Colleen Menzies were ordered to deliver the property referred to in order (1) to Paccar Financial Pty Ltd within fourteen days, Ian Menzies failed to deliver the property referred to in order (1) to Paccar Financial Pty Ltd within 14 days or at all;

(2) Colleen Menzies, is guilty of contempt of this Court, in that in breach of the Order made and entered by this Court on 13 June 2013 whereby Ian Menzies and Colleen Menzies were ordered to deliver the property referred to in order (1) to Paccar Financial Pty Ltd within fourteen days, Colleen Menzies failed to deliver the property referred to in order (1) to Paccar Financial Pty Ltd within 14 days or at all. Catchwords: CONTEMPT OF COURT – civil contempt – beyond reasonable doubt - refusal to surrender property – clear, deliberate and contumelious breach of court orders – first and second defendant guilty of the charge of contempt Legislation Cited: Supreme Court Rules 1970 Cases Cited: Advan Investments Pty Limited v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 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) 112 CLR 483 Australian Securities and Investments Commission v Matthews [2009] NSWSC 77; (2009) 69 ACSR 559 Commonwealth Bank of Australia v Salvato (No 4) [2013] NSWSC 321 Menzies v Paccar Financial Pty Ltd [2013] NSWSC 283 National Bank (NAB) Ltd v Juric [2001] VSC 375 Metcash Trading Ltd v Bunn (No 5) [2009] FCA 16 Paccar Financial Pty Ltd v Menzies; Menzies v Paccar Financial (No 5) [2013] NSWSC 772 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Talacko v Talacko [2009] VSC 387 Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 Wyszenko v Wyszenko [2012] NSWSC 732 Category: Principal judgment Parties: P. Newton (Plaintiff) No appearance (First Defendant) Self-represented (Second Defendant) Representation: Counsel: P. Newton (Plaintiff) No appearance (First Defendant) Self-represented (Second Defendant)