The Owners Strata Plan 21372 v Banovic [2017] NSWSC 177

Supreme Court New South Wales

Medium Neutral Citation: The Owners Strata Plan 21372 v Banovic [2017] NSWSC 177 Hearing dates: 27 February 2017 Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Equity Before: Darke J Decision: Orders that the plaintiff's notice of motion for contempt filed on 15 March 2016 be permanently stayed Catchwords: CONTEMPT – civil contempt – failure to comply with orders of the Court – alleged contemnor seeks permanent stay of contempt proceedings – tutor previously appointed for alleged contemnor – whether alleged contemnor fit to face charge of contempt – whether requirements of fitness to plead test in R v Presser [1958] VR 45 satisfied – contempt proceedings permanently stayed Legislation Cited: Civil Procedure Act 2005 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Uniform Civil Procedure Rules (NSW) Cases Cited: CFMEU v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375; [2015] HCA 21 Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29 Prothonotary of the Supreme Court of New South Wales v Chan (No 15) [2015] NSWSC 1177 R v Presser [1958] VR 45 Witham v Holloway (1995) 183 CLR 525 Category: Procedural and other rulings Parties: The Owners Strata Plan 21372 (Plaintiff) Joe Banovic (First Defendant) Nada Banovic (Second Defendant) Representation: Counsel: Mr T Davie (Plaintiff) Mr L Geary (solicitor) (First Defendant) Mr Bambagiotti with Mr F F F Salama (Second Defendant)