Prothonotary of the Supreme Court of New South Wales v Jarvie [2016] NSWSC 1343

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Jarvie [2016] NSWSC 1343 Hearing dates: 16 September 2016 Date of orders: 16 September 2016 Decision date: 16 September 2016 Jurisdiction: Common Law Before: Fagan J Decision: 1. Leave is granted to the plaintiff to file in Court and to rely upon an amended summons.

2. Pursuant to the inherent jurisdiction of the Court it is ordered that the defendant attend the Supreme Court on Thursday 22 September 2016, and thereafter as required, to answer the charge of contempt of Court set out in the amended summons filed 16 September 2015.

3. The amended summons and a copy of these orders are to be served on the defendant by leaving them at the gate to the premises at and at the premises at .

4. Order that personal service of the amended summons and of the orders made this date is dispensed with and, upon compliance with Order 3, the defendant shall be deemed to have been duly served with the documents.

5. The costs of proceedings before the court on 16 September 2016 are to be costs in the summons.

6. The proceedings are adjourned to be listed before me on 22 September 2016 at 9:15am. Catchwords: CONTEMPT – defendant failure to attend hearing – alleged alteration of terms of court order Legislation Cited: Civil Procedure Act 2005 (NSW) Criminal Procedure Act 1986 (NSW) Property (Relationships) Act 1984 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Attorney-General for New South Wales v Hayden (1994) 34 NSWLR 638 Director of Public Prosecutions (Commonwealth) v Sexton [2008] NSWSC 352 Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan (No 15) [2015] NSWSC 1177 Registrar, Court of Appeal v Ritter (1985) 34 NSWLR 641 Category: Procedural and other rulings Parties: Prothonotary of the Supreme Court of New South Wales (Plaintiff) Russell Alan Jarvie (Defendant) Representation: Counsel: David Kell (Plaintiff) No appearance (Defendant)