Samootin v Shea & Ors [2006] NSWSC 535

Samootin v Shea & Ors [2006] NSWSC 535

The notice of motion was in a state of disorder, did not clearly identify the contempt charge or supporting evidence, and the plaintiff had become bankrupt so that the proceeding was prima facie stayed under s 60(2) of the Bankruptcy Act 1966 (Cth). In light of that stay, the policy against exposing the bankrupt estate to costs, and the duty under s 56(3) of the Civil Procedure Act 2005 (NSW), the contempt application was not conducive to the just, quick and cheap resolution of the real issues and should be stayed until further order.

Jurisdiction
Australia
Judgment Date
30 May 2006
Procedural Posture
Application for Leave to Charge the Second Defendant With Contempt of Court / Notice of Motion Filed on 5 April 2006; Stayed Until Further Order
Outcome
Plaintiff's notice of motion of 5 April 2006 stayed until further order; costs of the day ordered to be the second defendant's costs of the notice of motion.
Legal Topics
['leave to Charge With Contempt' 'statement of Charge' 'stay of Proceeding After Bankruptcy' 'overriding Purpose' 'costs']
['practice and Procedure' 'bankruptcy' 'contempt of Court' 'civil Procedure'] ['leave to Charge With Contempt' 'statement of Charge' 'stay of Proceeding After Bankruptcy' 'overriding Purpose' 'costs']

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Procedural Posture

Application for Leave to Charge the Second Defendant With Contempt of Court / Notice of Motion Filed on 5 April 2006; Stayed Until Further Order

Legal Issues

  1. 1 ["Whether the plaintiff's notice of motion for leave to charge the second defendant with contempt should proceed despite defects in the application." "Whether s 60(2) of the Bankruptcy Act 1966 (Cth) stayed the interlocutory proceeding after a sequestration order was made against the plaintiff's estate." 'Whether the application was consistent with the duty under s 56(3) of the Civil Procedure Act 2005 (NSW) to assist the Court to facilitate the just, quick and cheap resolution of the real issues in the proceedings.']

Ratio Decidendi

The notice of motion was in a state of disorder, did not clearly identify the contempt charge or supporting evidence, and the plaintiff had become bankrupt so that the proceeding was prima facie stayed under s 60(2) of the Bankruptcy Act 1966 (Cth). In light of that stay, the policy against exposing the bankrupt estate to costs, and the duty under s 56(3) of the Civil Procedure Act 2005 (NSW), the contempt application was not conducive to the just, quick and cheap resolution of the real issues and should be stayed until further order.

Court Disposition

Plaintiff's notice of motion of 5 April 2006 stayed until further order; costs of the day ordered to be the second defendant's costs of the notice of motion.

Orders

  • ["I order that the plaintiff's notice of motion of 5 April 2006 be stayed until further order." "The costs of today will be the second defendant's costs of the notice of motion of 5 April 2006."]