Burns v Corbett [2016] NSWSC 459

Burns v Corbett [2016] NSWSC 459

Given the seriousness of contempt proceedings and their criminal-like nature, the defendant should be allowed an opportunity to attend in person and give evidence before proceeding further; thus, the proceedings are adjourned to facilitate this.

Parties
Plaintiff: Gary Burns; Defendant: Tess Corbett
Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Contempt Proceedings / Adjournment; Interlocutory Decision on Adjournment and Directions
Outcome
Proceedings adjourned for further hearing; directions for further evidence and submissions; costs reserved.
Legal Topics
Contempt of Court, Jurisdiction, Service of Process, Adjournment
Procedure Anti Discrimination Contempt of Court Jurisdiction Service of Process Adjournment

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Parties

Gary Burns

Plaintiff

Tess Corbett

Defendant

Procedural Posture

Contempt Proceedings / Adjournment; Interlocutory Decision on Adjournment and Directions

Legal Issues

  1. 1 Whether the defendant is in contempt for failure to comply with orders of the Tribunal as registered in the Supreme Court
  2. 2 Whether the Tribunal's orders are invalid due to noncompliance with the Service and Execution of Process Act 1992 (Cth)
  3. 3 Whether section 49ZT of the Anti-Discrimination Act 1977 (NSW) applies only to acts performed in NSW

Ratio Decidendi

Given the seriousness of contempt proceedings and their criminal-like nature, the defendant should be allowed an opportunity to attend in person and give evidence before proceeding further; thus, the proceedings are adjourned to facilitate this.

Court Disposition

Proceedings adjourned for further hearing; directions for further evidence and submissions; costs reserved.

Orders

  • The proceedings are adjourned part heard before Campbell J for further hearing at 10 a.m. on 6 May 2016 with an estimate of half a day plus.
  • Leave for the plaintiff, if so advised, to issue a subpoena to the Registrar of Civil and Administrative Tribunal for production of file no. ADT 131029 before the Registrar of this Court at 9 a.m. on 29 April 2016.