Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd (No 3) [2019] NSWSC 511

Supreme Court New South Wales

Medium Neutral Citation: Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd (No 3) [2019] NSWSC 511 Hearing dates: 9 April; 3 May 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Equity - Commercial List Before: Parker J Decision: Order that the ninth defendant, Harold James Price, be imprisoned for a fixed period of twelve weeks commencing on 2 May 2019 and ending on 25 July 2019. Catchwords: CONTEMPT – power of committal – exercise of inherent power of the Court as distinct from application of the Crimes (Sentencing Procedure) Act 1999 (NSW).

CONTEMPT – order for punishment for contempt - Supreme Court Rules 1970 (NSW), Part 55, Rule 13 - factors relevant to punishment – wilful disobedience to orders of the Court – failure to deliver up six vehicles –continued false assertions by ninth defendant that he lacked control of the vehicles. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW), s 79 Mental Health Act 2007 (NSW), s 14 Supreme Court Rules 1970 (NSW), Part 55 Rule 13 Cases Cited: Dasreef Pty Limited v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Dowling v Prothonotary of the Supreme Court of the New South Wales (2018) NSW 340 Menzies v Paccar Financial Pty Ltd (2016) 93 NSWLR 88; [2016] NSWCA 280 Paccar Financial Pty Limited v Ian Menzies & Colleen Menzies (No 2) [2015] NSWSC 1622 Registrar of Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd (No. 2) [2018] NSWSC 1776 Texts Cited: American Psychiatric Association, Diagnostic And Statistical Manual Of Mental Disorders (5th ed, 2013) Category: Principal judgment Parties: Reliance Financial Services Pty Ltd (Plaintiff/Applicant) Harold James Price (Ninth Defendant/Respondent) Representation: Counsel: I McLachlan (Plaintiff/Applicant) P Cutler (Ninth Defendant/Respondent)