Nowacki v S & Q Assets Pty Limited [2022] NSWCATEN 1

Nowacki v S & Q Assets Pty Limited [2022] NSWCATEN 1

The Tribunal was satisfied that the evidence was capable of establishing that the respondent was notified of clear obligations imposed by Tribunal orders, that a wilful breach occurred, and that the conduct could amount to contempt, and therefore exercised its discretion to refer the contempt application to the Supreme Court without a further hearing.

Jurisdiction
Australia
Judgment Date
22 July 2022
Procedural Posture
Referral Application for Contempt / Referral of Contempt Application to Supreme Court of New South Wales
Outcome
Referral application granted; contempt application referred to the Supreme Court of New South Wales for determination; costs reserved; hearing dispensed with.
Legal Topics
['practice and Procedure' 'contempt' 'enforcement of Tribunal Orders']
['administrative Law' 'enforcement' 'contempt of Tribunal'] ['practice and Procedure' 'contempt' 'enforcement of Tribunal Orders']

Case Brief

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Procedural Posture

Referral Application for Contempt / Referral of Contempt Application to Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether respondent's conduct is capable of amounting to contempt of the Tribunal" 'Whether application for contempt should be referred to the Supreme Court of New South Wales' 'Whether a hearing of the referral application should be dispensed with']

Ratio Decidendi

The Tribunal was satisfied that the evidence was capable of establishing that the respondent was notified of clear obligations imposed by Tribunal orders, that a wilful breach occurred, and that the conduct could amount to contempt, and therefore exercised its discretion to refer the contempt application to the Supreme Court without a further hearing.

Court Disposition

Referral application granted; contempt application referred to the Supreme Court of New South Wales for determination; costs reserved; hearing dispensed with.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Tribunal is satisfied that it is appropriate to dispense with a hearing of the referral application.' 'Pursuant to s 73(5) of the Civil and Administrative Tribunal Act 2013 (NSW) the Application filed 27 October 2021 for contempt be...