Mead v Mead & Anor [2004] NSWSC 691

Mead v Mead & Anor [2004] NSWSC 691

Although the contempt allegations were serious and would ultimately require proof to the criminal standard, the matter before the Court was only an application for leave to file amended contempt process. The substance of the contempt claims was for the court hearing the summons, and nothing had been shown to disentitle the Plaintiff from obtaining leave.

Jurisdiction
Australia
Judgment Date
18 August 2004
Procedural Posture
Contempt Proceedings / Application for Leave to File and Serve a Further Amended Summons and a Further Amended Statement of Charge
Outcome
Leave granted to file and serve a Further Amended Summons and Further Amended Statement of Charge; directions made; costs in the cause.
Legal Topics
['application to Amend' 'statement of Charge for Contempt' 'mareva Injunction' 'sequestration' 'costs in the Cause']
['contempt of Court' 'civil Procedure'] ['application to Amend' 'statement of Charge for Contempt' 'mareva Injunction' 'sequestration' 'costs in the Cause']

Case Brief

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Procedural Posture

Contempt Proceedings / Application for Leave to File and Serve a Further Amended Summons and a Further Amended Statement of Charge

Legal Issues

  1. 1 ['Whether the Plaintiff should be granted leave to file and serve a Further Amended Summons and a Further Amended Statement of Charge for contempt.' 'Whether the contempt proceedings should be dismissed at this stage as against the Defendants.' 'Whether costs of the application should be determined at this stage.']

Ratio Decidendi

Although the contempt allegations were serious and would ultimately require proof to the criminal standard, the matter before the Court was only an application for leave to file amended contempt process. The substance of the contempt claims was for the court hearing the summons, and nothing had been shown to disentitle the Plaintiff from obtaining leave.

Court Disposition

Leave granted to file and serve a Further Amended Summons and Further Amended Statement of Charge; directions made; costs in the cause.

Orders

  • ['The Plaintiff granted leave to file and serve a Further Amended Summons and a Further Amended Statement of Charge by 4pm on Friday, 20 August 2004.' 'The Plaintiff is to file and serve such further evidence, upon which is intends to rely, by 4pm on Friday, 27 August 2004.' 'The Defendants are to file and serve...