Goldspring v Jordan [2024] NSWCA 158

Goldspring v Jordan [2024] NSWCA 158

The appeal failed because paragraph 11 of the Statement of Charge sufficiently identified distinct alleged breaches of Hallen J's orders, and the evidence supported beyond reasonable doubt the findings that the Appellants failed to produce the Macquarie Share Account statements and supporting documents for the 62 Manual Journal entries. The Inventory of Property, the Rapson Spreadsheet, the dividend and share-sale information, and the accountant's role supported the inference that relevant documents existed and were within the Appellants' possession, custody or power. Although the primary judge's orders were overbroad in referring to all documents in relation to the Macquarie Share...

Jurisdiction
Australia
Judgment Date
01 July 2024
Procedural Posture
Appeal in Proceedings Relating to Civil Contempt Arising From Probate and Estate Administration Proceedings / Court of Appeal Appeal From Orders of Henry J in the Supreme Court of New South Wales, Equity Division
Outcome
Time for filing the Notice of Appeal extended; orders 1(a), 3(a) and 5(a) of Henry J's orders varied; appeal otherwise dismissed with costs.
Legal Topics
['breach of Court Orders' 'non Production of Documents' 'statement of Charge Particularity' 'proof Beyond Reasonable Doubt in Civil Contempt' 'possession, Custody or Power of Documents' 'court of Appeal Power to Vary Orders']
['civil Contempt' 'probate and Estate Administration' 'civil Procedure' 'trusts and Accounts'] ['breach of Court Orders' 'non Production of Documents' 'statement of Charge Particularity' 'proof Beyond Reasonable Doubt in Civil Contempt' 'possession, Custody or Power of Documents' 'court of Appeal Power to Vary Orders']

Case Brief

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Procedural Posture

Appeal in Proceedings Relating to Civil Contempt Arising From Probate and Estate Administration Proceedings / Court of Appeal Appeal From Orders of Henry J in the Supreme Court of New South Wales, Equity Division

Legal Issues

  1. 1 ['Whether the contempt charges were drafted with sufficient particularity to provide the Appellants with a fair hearing.' 'Whether the primary judge erred in finding beyond reasonable doubt that the Appellants failed to produce a full account and documents or statements for the Macquarie Share Portfolio Account.' 'Whether it was proven that relevant documents existed and were in the possession, custody or power of the Appellants.' 'Whether the evidence was sufficient to prove the contempt findings beyond reasonable doubt.' "Whether the primary judge's findings and orders exceeded or failed to reflect the Statement of Charge." 'Whether orders 1(a), 3(a) and 5(a) should be varied under s 75A(10) of the Supreme Court Act 1970 (NSW).']

Ratio Decidendi

The appeal failed because paragraph 11 of the Statement of Charge sufficiently identified distinct alleged breaches of Hallen J's orders, and the evidence supported beyond reasonable doubt the findings that the Appellants failed to produce the Macquarie Share Account statements and supporting documents for the 62 Manual Journal entries. The Inventory of Property, the Rapson Spreadsheet, the dividend and share-sale information, and the accountant's role supported the inference that relevant documents existed and were within the Appellants' possession, custody or power. Although the primary judge's orders were overbroad in referring to all documents in relation to the Macquarie Share...

Court Disposition

Time for filing the Notice of Appeal extended; orders 1(a), 3(a) and 5(a) of Henry J's orders varied; appeal otherwise dismissed with costs.

Orders

  • ['Order that the time for filing a Notice of Appeal be extended to 7 March 2024.' "Order that orders 1(a), 3(a) and 5(a) of the orders made by Henry J on 29 January 2024 be varied to state that Peter Michael Goldspring, Mark Andrew Goldspring and Marianne Evelyn Goodchild are in contempt by failing to produce the...