Custom Security Services v C & S Systems [2007] FCA 1879

Custom Security Services v C & S Systems [2007] FCA 1879

The second respondent, Colin Healey, was found beyond reasonable doubt to have deliberately breached the court undertaking regarding security services for certain customers, constituting contempt of court. The proven conduct justified imposition of a fine and costs order; action against the first respondent reserved pending further material.

Jurisdiction
Australia
Judgment Date
19 November 2007
Procedural Posture
Contempt Application / Final Judgment and Orders
Outcome
Contempt established against second respondent; fine and costs imposed; orders against first respondent left open.
Legal Topics
['contempt of Court' 'breach of Undertaking']
['civil Procedure'] ['contempt of Court' 'breach of Undertaking']

Case Brief

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Procedural Posture

Contempt Application / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the respondents breached a court undertaking by providing security services to listed customers involving interference with security control panels' 'Whether the breaches amounted to contempt of court']

Ratio Decidendi

The second respondent, Colin Healey, was found beyond reasonable doubt to have deliberately breached the court undertaking regarding security services for certain customers, constituting contempt of court. The proven conduct justified imposition of a fine and costs order; action against the first respondent reserved pending further material.

Court Disposition

Contempt established against second respondent; fine and costs imposed; orders against first respondent left open.

Orders

  • ['The second respondent is to pay a fine of $5000 to the Registrar within 28 days.' 'The second respondent may apply to pay the fine by instalments over such period as any judge may in Chambers determine.' 'The second respondent is to pay the costs of the proceedings including costs incurred as against the first...