Pisano v Dandris (No 2) [2015] NSWSC 1220

Supreme Court New South Wales

Medium Neutral Citation: Pisano v Dandris (No 2) [2015] NSWSC 1220 Hearing dates: 21 August 2015 Decision date: 21 August 2015 Jurisdiction: Equity - Technology and Construction List Before: McDougall J Decision: Find respondent guilty of contempt of court in respect of one payment. Catchwords: CONTEMPT – defendant charged with failing to comply with freezing orders – two transfers – one to repay a credit card debt – whether that payment for 'ordinary living expenses' – other transfer – where half of the sum was a repayment of a sum advanced from defendant's husband's account in error – result that beneficial ownership of that money never passed to defendant – further result that transfer back to husband cannot constitute a diminution in the defendant's beneficial assets – remaining half of the sum – explanation that sum transferred to allow for future payment of legal expenses – where the freezing order did not authorise payment out of a lump sum on account of anticipated expenses, but rather, expenses as they arose from time to time – whether alternative defence available that payment out not a contempt as defendant's total assets remained above the required threshold level – where evidence shows that, on the contrary, the assets were always below the threshold – result that contempt is proved Category: Principal judgment Parties: Bruno Pisano (First Plaintiff) Sia Pisano (Second Plaintiff) Georgia Dandris (First Defendant) Patrick Francis Williams (Second Defendant) Representation: Counsel: DS Weinberger / AF Knox (Plaintiffs) J Jobson (First Defendant)