Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046

Supreme Court New South Wales

Medium Neutral Citation: Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046 Hearing dates: 8 and 9 May 2017 Decision date: 11 August 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Declare that the first defendant was in contempt of this Court by engaging in the conduct in the circumstances described in Charge 1 of the Amended Statement of Charge. (2) Order pursuant to rule 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) that [60]-[61] of the first defendant's defence filed on 12 November 2015 be repleaded in accordance with these reasons and that the following paragraphs or part paragraphs of the said defence be struck out as an abuse of process of the Court: [60(b)]; those parts of [63]-[73] in which the first defendant "otherwise denies" the allegation to which the paragraphs respond (such as [63(e)]); [64(d)-(h)]; [65(b)]; [65(c)]; [65(d)] (the words in the chapeau "in order to do so" and subparagraphs (v)-(vii)); [65(e)]; [65(f)] (the words "in order to maintain the confidentiality of the information"); [65(g)] (the words "and again attempted" through to the end of that sub-paragraph); [65(h)] (the words "in order to maintain the confidentiality of the information"); [65(i)-(j)]; [66(c)-(e)] (insofar as they are intended to apply to Mr Gage's defence); [66(f)]; [67]; [68(d)]; [69(c)-(e)]; [70(d)]; [71(d)]; [71(g)]; those parts of [72] which repeat answers to [62]-[71] that are to be struck out; [72(a)-(c)]; those parts of [73] which incorporate reference to parts of the defence that are to be struck out; those parts of [92] which repeat those parts of [65(d)-(h)] which are to be struck out; those parts of [93]-[94] which incorporate reference to paragraphs of the defence to be struck out; [103]-[104]; [107(b)] and that part of [109] of the defence insofar as those paragraphs repeat paragraphs of the defence that are to be struck out. (3) Direct the first and second defendants each to file an amended defence within 14 days, noting that the first defendant's amended defence must accord with these reasons in relation to the paragraphs or part paragraphsof the defence the subject of the order in 2 above. (4) List the matter before me at 9.30 am on 18 August 2017 for further directions as to the filing of evidence and listing of the matter for a sentencing hearing in respect of the contempt of court committed by the first defendant. (5) The first defendant to pay the plaintiff's costs of the respective notices of motion on an indemnity basis. Catchwords: CONTEMPT – criminal contempt – whether contempt can be committed if impugned conduct occurred prior to commencement of proceedings