Grant-Taylor v Jamieson [2002] NSWSC 634

Grant-Taylor v Jamieson [2002] NSWSC 634

The plaintiff's solicitor did not have actual knowledge of the terms of the order of 31 December 2001 and constructive notice does not suffice for contempt in these circumstances; thus, the plaintiff is not barred from being heard.

Jurisdiction
Australia
Judgment Date
18 July 2002
Procedural Posture
Equity Proceeding / Interlocutory Application on Preliminary Issue Regarding Contempt of Court
Outcome
Direction that the plaintiff not be heard refused.
Legal Topics
['contempt of Court' 'caveats' 'mortgages' 'competing Equitable Interests']
['civil Procedure' 'equity'] ['contempt of Court' 'caveats' 'mortgages' 'competing Equitable Interests']

Case Brief

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Procedural Posture

Equity Proceeding / Interlocutory Application on Preliminary Issue Regarding Contempt of Court

Legal Issues

  1. 1 ['Whether the plaintiff should be refused to be heard on the basis of alleged contempt of court' 'Whether knowledge or constructive notice of a court order is required for non-party contempt' 'Whether doctrines of constructive notice apply to contempt in this context']

Ratio Decidendi

The plaintiff's solicitor did not have actual knowledge of the terms of the order of 31 December 2001 and constructive notice does not suffice for contempt in these circumstances; thus, the plaintiff is not barred from being heard.

Court Disposition

Direction that the plaintiff not be heard refused.

Orders

  • []