1st Available v Melocco [2016] NSWSC 30

1st Available v Melocco [2016] NSWSC 30

Ms Melocco was found to have wilfully breached her undertaking to the court by sending the email and attachments containing prohibited representations, with the ambiguity in the undertakings resolved by considering the factual background and correspondence. The settlement deed did not terminate the contempt proceedings, which remained before the court. Her conduct was not contumacious but still amounted to civil contempt.

Jurisdiction
Australia
Judgment Date
05 February 2016
Procedural Posture
Contempt Proceedings / Judgment on Motion and Penalty
Outcome
Defendant found guilty of contempt; no penalty imposed, costs ordered.
Legal Topics
['breach of Undertaking' 'settlement and Release' 'interpretation of Undertakings' 'sentencing Principles for Contempt']
['civil Procedure' 'contempt of Court'] ['breach of Undertaking' 'settlement and Release' 'interpretation of Undertakings' 'sentencing Principles for Contempt']

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Procedural Posture

Contempt Proceedings / Judgment on Motion and Penalty

Legal Issues

  1. 1 ['Whether the terms of the undertaking were ambiguous due to errors in the schedule of prohibited representations' 'Whether contempt motion was resolved by subsequent deed of settlement' 'Whether the defendant breached her undertaking by sending specified communications']

Ratio Decidendi

Ms Melocco was found to have wilfully breached her undertaking to the court by sending the email and attachments containing prohibited representations, with the ambiguity in the undertakings resolved by considering the factual background and correspondence. The settlement deed did not terminate the contempt proceedings, which remained before the court. Her conduct was not contumacious but still amounted to civil contempt.

Court Disposition

Defendant found guilty of contempt; no penalty imposed, costs ordered.

Orders

  • ["The orders made by this court on 20 March 2014 are amended in accordance with paragraph 8 of the plaintiffs' amended notice of motion." 'Declaration that the defendant was in contempt of court for failing to comply with her undertaking to the court pursuant to the statement of charge.' "Taking into account the...