George Sassine v Ray & Sons Construction Pty Ltd [2012] NSWSC 1346

George Sassine v Ray & Sons Construction Pty Ltd [2012] NSWSC 1346

It is sufficient for a prima facie case of contempt at this stage that the plaintiff, with knowledge of the court's order, intentionally diverted the cheque from the intended payee in a manner that defeats the order's intention, and that the evidence, taken at its highest, supports this inference. Personal service of the motion may be dispensed with in these circumstances.

Jurisdiction
Australia
Judgment Date
04 October 2012
Procedural Posture
Interlocutory Application / Case to Answer Determination on Contempt Motion
Outcome
The plaintiff has a case to answer for contempt of court.
Legal Topics
['contempt of Court' 'disobedience of Court Orders' 'obstructing the Administration of Justice' 'construction/ambiguity of Court Orders' 'enforcement of Court Orders']
['equity' 'corporations' 'contempt of Court'] ['contempt of Court' 'disobedience of Court Orders' 'obstructing the Administration of Justice' 'construction/ambiguity of Court Orders' 'enforcement of Court Orders']

Case Brief

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Procedural Posture

Interlocutory Application / Case to Answer Determination on Contempt Motion

Legal Issues

  1. 1 ['Whether the plaintiff has a case to answer for contempt of court' 'Whether the plaintiff, though not strictly bound by the consent order, intentionally interfered with and defeated the intent of the order' 'Whether the order was sufficiently clear and unambiguous to support contempt' 'Whether notice and service requirements for contempt proceedings were met']

Ratio Decidendi

It is sufficient for a prima facie case of contempt at this stage that the plaintiff, with knowledge of the court's order, intentionally diverted the cheque from the intended payee in a manner that defeats the order's intention, and that the evidence, taken at its highest, supports this inference. Personal service of the motion may be dispensed with in these circumstances.

Court Disposition

The plaintiff has a case to answer for contempt of court.

Orders

  • ['There is a case to answer for the contempt charge against the plaintiff.']