Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd [2016] NSWSC 1309

Supreme Court New South Wales

Medium Neutral Citation: Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd [2016] NSWSC 1309 Hearing dates: 22 August 2016 Decision date: 16 September 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Respondent to Notice of Motion filed on 20 May 2016 found guilty of contempt. Catchwords: PROCEDURE — Contempt of court — where order sought that director of company be punished for contempt under Part 55 r 13 of the Supreme Court Rules 1970 (NSW) – where company gave undertaking to the Court that a certain amount of monies from proceeds of sale of units would be paid into a controlled money account to be held on trust – where it was contended that the director had caused company to act contrary to that undertaking thereby knowingly impeding the administration of justice – whether it was established beyond reasonable doubt that alleged contemnor had requisite knowledge of undertaking – whether r 36.5 of the Uniform Civil Procedure Rules 2005 (NSW) applies to undertakings voluntarily offered to court – whether undertaking was not sufficiently precise to ground a charge of contempt – whether charge of contempt established. Legislation Cited: - Evidence Act 1995 (NSW), s 136 - Home Building Act 1989 (NSW) - Supreme Court Rules 1970 (NSW), Pt 55 r 13 - Uniform Civil Procedure Rules 2005 (NSW), rr 36.5, 40.6 Cases Cited: - ANS Nominees Pty Ltd v Beverley Manufacturing Co Pty Ltd [1979] 2 NSWLR 875; (1979) 4 ACLR 737 - Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58 - Australian Competition and Consumer Commission v Hughes [2001] FCA 38 - Australian Consolidated Press Ltd v Morgan [1965] HCA 21; (1965) 112 CLR 483 - Baker v Paul [2013] NSWCA 426 - CCOM Pty Ltd v Jiejing Pty Ltd (1992) 36 FCR 524 - Chamberlain v R (No 2) [1984] HCA 7; (1984) 153 CLR 521 - Electricity Generation Corporation (t/as Verve Energy) v Woodside Energy Ltd [2014] HCA 7; (2014) 306 ALR 25 - Fajloun v Khoury [2016] NSWCA 101 - Firstmac Fiduciary Services Pty Ltd v Gilmour (No 3) [2013] NSWSC 570 - Iberian Trust Ltd v Founders Trust & Investment Company Ltd [1932] 2 KB 87 - Kayserian Nominees (No 1) Pty Ltd v J R Garner Pty Ltd [2008] NSWSC 1011 - Kirkpatrick v Kotis [2004] NSWSC 1265; (2004) 62 NSWLR 567 - Microsoft Corporation v Marks (No 1) (1996) 69 FCR 117 at 143; 139 ALR 99 - Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 325 ALR 188 - Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 - Re Mycorp Pty Ltd [2014] NSWSC 899 - Reid v Howard (1993) 31 NSWLR 298 - Sigalla v TZ Ltd [2011] NSWCA 334 - Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165 - Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 - Zhu v Treasurer of the State of New South Wales [2004] HCA 56; (2004) 218 CLR 530 Category: Procedural and other rulings Parties: Admark Property Group Pty Limited (in liquidation) (Plaintiff) GJ Building and Contracting Pty Limited (Defendant) Representation: Counsel: D R Stack (Plaintiff/Liquidator) D Sulan/J Buncle (Defendant) M Thangaraj SC/M J Dawson (Respondent on Motion)