Bydand Holdings Pty Limited v Pineland Property Holdings Pty Limited & Ors [2009] NSWSC 584

Bydand Holdings Pty Limited v Pineland Property Holdings Pty Limited & Ors [2009] NSWSC 584

Mr Pang was found guilty of contempt of court beyond reasonable doubt for a deliberate and contumacious breach of an undertaking to give 14 days notice before dealing with 12 George St, Burwood. His evidence as to a misunderstanding of the obligation was rejected. The Court found his conduct was serious, dishonest, and not genuinely remorseful.

Parties
Plaintiff: Bydand Holdings Pty Limited; First Defendant: Pineland Property Holdings Pty Limited; Second Defendant: Knight Frank Australia Pty Limited; Third Defendant: Vincent Pang
Jurisdiction
Australia
Judgment Date
26 June 2009
Procedural Posture
Notice of Motion (contempt Proceedings) / Post Finding of Contempt, Pre Sentence (orders for Pre Sentence Report and Sentencing Submissions)
Outcome
Contempt proven. Orders for pre-sentence report and fixing date for submissions on sentence.
Legal Topics
Contempt of Court, Failure to Comply With Undertaking, Equity
Practice and Procedure Contempt of Court Failure to Comply With Undertaking Equity

Case Brief

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Parties

Bydand Holdings Pty Limited

Plaintiff

Pineland Property Holdings Pty Limited

First Defendant

Knight Frank Australia Pty Limited

Second Defendant

Vincent Pang

Third Defendant

Procedural Posture

Notice of Motion (contempt Proceedings) / Post Finding of Contempt, Pre Sentence (orders for Pre Sentence Report and Sentencing Submissions)

Legal Issues

  1. 1 Whether the third defendant, Mr Pang, was guilty of contempt of court by failing to comply with an undertaking to provide 14 days notice prior to dealing with specified property

Ratio Decidendi

Mr Pang was found guilty of contempt of court beyond reasonable doubt for a deliberate and contumacious breach of an undertaking to give 14 days notice before dealing with 12 George St, Burwood. His evidence as to a misunderstanding of the obligation was rejected. The Court found his conduct was serious, dishonest, and not genuinely remorseful.

Court Disposition

Contempt proven. Orders for pre-sentence report and fixing date for submissions on sentence.

Orders

  • Mr Pang to attend the Probation and Parole Office at 2 Help Street, Chatswood on or before 7 July 2009.
  • A pre-sentence report to be prepared by the Probation and Parole Office and supplied to the Court by Thursday 20 August 2009.