Cooper, in the matter of Chopsonion Pty Ltd (Receivers and Managers Appointed) v Chopsonion Pty Ltd (Receivers and Managers Appointed) [2017] FCA 1207

Cooper, in the matter of Chopsonion Pty Ltd (Receivers and Managers Appointed) v Chopsonion Pty Ltd (Receivers and Managers Appointed) [2017] FCA 1207

Mr Sharpe was aware of the court's order and failed to comply. The failure was deliberate and not excused by his health conditions. The plaintiffs proved beyond reasonable doubt that the contempt was committed.

Jurisdiction
Australia
Judgment Date
12 October 2017
Procedural Posture
Interlocutory Application/contempt Proceeding / Determination of Contempt Charge and Directions on Penalty
Outcome
Declaration made that James Trevor Sharpe has committed contempt of court. Orders made dispensing with requirements of r 41.07 and r 41.06 of the Federal Court Rules 2011. Further hearing to be conducted regarding penalty.
Legal Topics
['contempt of Court' 'receivership' 'enforcement of Court Orders' 'personal Service Requirements']
['commercial Law' 'corporations Law' 'insolvency Law' 'civil Procedure'] ['contempt of Court' 'receivership' 'enforcement of Court Orders' 'personal Service Requirements']

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Procedural Posture

Interlocutory Application/contempt Proceeding / Determination of Contempt Charge and Directions on Penalty

Legal Issues

  1. 1 ['Whether the third defendant, Mr Sharpe, committed contempt of court by failing to comply with the order to deliver up books and records' "Whether Mr Sharpe's ill health negated the wilfulness required for contempt"]

Ratio Decidendi

Mr Sharpe was aware of the court's order and failed to comply. The failure was deliberate and not excused by his health conditions. The plaintiffs proved beyond reasonable doubt that the contempt was committed.

Court Disposition

Declaration made that James Trevor Sharpe has committed contempt of court. Orders made dispensing with requirements of r 41.07 and r 41.06 of the Federal Court Rules 2011. Further hearing to be conducted regarding penalty.

Orders

  • ['Declaration that James Trevor Sharpe has committed a contempt in failing to comply with the order made on 26 August 2016.' 'Requirement for compliance with r 41.07 to the extent that service of the 26 August 2016 order be personal is dispensed with.' 'Requirement for compliance with r 41.06 to the extent that the...