In the matter of Mycorp Pty Ltd [2014] NSWSC 1293

In the matter of Mycorp Pty Ltd [2014] NSWSC 1293

The Court gave effect to the earlier penalty judgment by entering money judgments for Mycorp and Moonstone against Mr Fajloun with statutory interest and ordering indemnity costs for Mr Khoury payable forthwith. It declined to impose a separate repayment date or grant prospective leave for recovery proceedings because the judgments could be enforced in the usual way and the suggested future obstruction or further claims were contingent and not necessary to determine. The contempt motion was distinct from the substantive proceedings and justified assessment and immediate payment of Mr Khoury's indemnity costs.

Jurisdiction
Australia
Judgment Date
19 September 2014
Procedural Posture
Contempt Proceedings in the Equity Division Corporations List / Consequential Orders Following Contempt and Penalty Judgments
Outcome
Orders made for judgment in favour of second and third defendants against the plaintiff in relevant amounts with interest, and for the plaintiff to pay the first defendant's costs of the notice of motion on an indemnity basis and payable forthwith.
Legal Topics
['penalty for Contempt' 'consequential Orders' 'money Judgments' 'indemnity Costs Payable Forthwith' 'enforcement of Judgments' 'further Submissions After Judgment']
['civil Procedure' 'contempt of Court' 'corporations'] ['penalty for Contempt' 'consequential Orders' 'money Judgments' 'indemnity Costs Payable Forthwith' 'enforcement of Judgments' 'further Submissions After Judgment']

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Procedural Posture

Contempt Proceedings in the Equity Division Corporations List / Consequential Orders Following Contempt and Penalty Judgments

Legal Issues

  1. 1 ['Whether further submissions after judgment should be entertained beyond the scope of leave granted.' 'Whether the orders should stipulate a time by which the plaintiff must repay monies to Mycorp Group Pty Ltd and Moonstone River Pty Ltd.' 'Whether leave should now be granted to Mr Khoury to commence recovery action on behalf of the companies if the plaintiff does not repay the judgment sums or in respect of other monies allegedly taken.' "Whether the first defendant's indemnity costs of the contempt motion should be assessed and payable forthwith."]

Ratio Decidendi

The Court gave effect to the earlier penalty judgment by entering money judgments for Mycorp and Moonstone against Mr Fajloun with statutory interest and ordering indemnity costs for Mr Khoury payable forthwith. It declined to impose a separate repayment date or grant prospective leave for recovery proceedings because the judgments could be enforced in the usual way and the suggested future obstruction or further claims were contingent and not necessary to determine. The contempt motion was distinct from the substantive proceedings and justified assessment and immediate payment of Mr Khoury's indemnity costs.

Court Disposition

Orders made for judgment in favour of second and third defendants against the plaintiff in relevant amounts with interest, and for the plaintiff to pay the first defendant's costs of the notice of motion on an indemnity basis and payable forthwith.

Orders

  • ['Judgment in favour of the Second Defendant against the Plaintiff in the amount of $34,000 together with interest on the sums making up that sum to the date of payment calculated at the rates prescribed for the purposes of s 100 of the Civil Procedure Act 2005 (NSW).' 'Judgment in favour of the Third Defendant...