1st Available v Melocco [2016] NSWSC 30

Supreme Court New South Wales

Medium Neutral Citation: 1st Available v Melocco [2016] NSWSC 30 Hearing dates: 29/04/14, 9/10/14, 10/10/14, 03/11/14, 20/11/14 Date of orders: 05 February 2016 Decision date: 05 February 2016 Jurisdiction: Common Law Before: Hidden J Decision: Defendant found guilty of contempt. Taking into account her apology, no penalty imposed. Catchwords: CONTEMPT OF COURT – breaches of undertakings to the court by the defendant in relation to proceedings brought against her by the plaintiffs – whether terms of the undertaking is unambiguous because of obvious errors in the document setting them out – whether contempt motion resolved by subsequent dead of settlement of the proceedings – contempt established but no penalty imposed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Athens v Randwick City Council [2005] NSWCA 317, 64 NSWLR 58 Attorney-General v Times Newspapers Ltd [1974] AC 273 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81, 78 NSWLR 302 B & B Constructions (Aust) Pty Ltd v Brian A Cheeseman & Associates Pty Ltd (1994) 35 NSWLR 227 Commissioner of Fair Trading v Rixon (No 2) [2014] NSWSC 431 Electric Generation Corporation v Woodside Energy Ltd [2014] HCA 7, 251 CLR 640 Gilbert v Gilbert [1955] St R Qd 245 Hughes v NM Superannuation Pty Ltd [1993] 29 NSWLR 653 Karam v ANZ Banking Group [2001] NSWSC 709 Kirkpatrick v Kotis [2004] NSWSC 1265, 62 NSWLR 567 Louis Vuitton Malletier SA v Design Elegance Pty Ltd (2006) FCA 83, 149 FCR 494 National Australia Bank (NAB) Limited v Juric [2001] VSC 375 NCR Australia v Cricket Connection [2005] NSWSC 1118 S & M Motor Repairs v Caltex Oil (1988) 12 NSWLR 358 Wende v Horwath (NSW) Pty Limited [2014] NSWCA 170 Witham v Holloway (1995) 183 CLR 525 Wyszynski v Bill [2005] NSWSC 110 Texts Cited: Halsbury's Laws of Australia Category: Principal judgment Parties: 1st Available Ltd (1st plaintiff) Klaus Bartosch (2nd plaintiff) Kathryn Ann Melocco (defendant) Representation: Counsel: T Blackburn SC with ATS Dawson (plaintiffs) JB Conomy (Sol) with JM Laxon (Sol) (defendant)