Kostov v YPOL Pty Ltd [2017] NSWSC 341

Kostov v YPOL Pty Ltd [2017] NSWSC 341

The plaintiff's admitted and evidenced communications with the first defendant and its solicitors, in breach of a clear and unambiguous order of 1 December 2016, constituted criminal contempt. Given the wilful and persistent nature of the breaches, and the deliberate refusal to comply or attend court, the Court proceeded to conviction in her absence. Penalty is deferred pending a pre-sentence report.

Parties
Plaintiff: Adriana Kostov; First Defendant: YPOL Pty Ltd
Jurisdiction
Australia
Judgment Date
27 March 2017
Procedural Posture
Notice of Motion for Contempt / Conviction and Pre Sentence Orders
Outcome
Plaintiff's application for adjournment dismissed; plaintiff convicted of contempt; orders made for pre-sentence report and future appearance.
Legal Topics
Criminal Contempt, Compliance With Court Orders, Hearing in Absence of Contemnor, Adjournment Application
Contempt of Court Civil Procedure Criminal Contempt Compliance With Court Orders Hearing in Absence of Contemnor Adjournment Application

Case Brief

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Parties

Adriana Kostov

Plaintiff

YPOL Pty Ltd

First Defendant

Procedural Posture

Notice of Motion for Contempt / Conviction and Pre Sentence Orders

Legal Issues

  1. 1 Whether the plaintiff's conduct constituted criminal contempt by breaching a court order
  2. 2 Whether proceedings on the contempt charge should be conducted in the plaintiff's absence
  3. 3 Appropriate directions for penalty phase

Ratio Decidendi

The plaintiff's admitted and evidenced communications with the first defendant and its solicitors, in breach of a clear and unambiguous order of 1 December 2016, constituted criminal contempt. Given the wilful and persistent nature of the breaches, and the deliberate refusal to comply or attend court, the Court proceeded to conviction in her absence. Penalty is deferred pending a pre-sentence report.

Court Disposition

Plaintiff's application for adjournment dismissed; plaintiff convicted of contempt; orders made for pre-sentence report and future appearance.

Orders

  • Plaintiff's application for adjournment of the contempt hearing dismissed.
  • Court declares plaintiff committed contempt between 2 December 2016 and 12 February 2017 by breaching Bellew J's order.