Aram v The Owners Strata Plan No. 20175 [2012] NSWSC 1220

Aram v The Owners Strata Plan No. 20175 [2012] NSWSC 1220

The order requiring the defendant to serve its evidence before the conclusion of the plaintiff's evidence is inconsistent with fundamental safeguards in criminal contempt proceedings; therefore, the order should be set aside.

Jurisdiction
Australia
Judgment Date
27 September 2012
Procedural Posture
Contempt Application (criminal) Within Civil Proceedings / Interlocutory Application to Set Aside Order for Defendant to Serve Evidence
Outcome
Application to set aside consent order granted; ancillary orders made.
Legal Topics
['interlocutory Procedure' 'criminal Contempt' 'order to Serve Evidence' "defendant's Procedural Safeguards"]
['procedure' 'equity' 'technology and Construction'] ['interlocutory Procedure' 'criminal Contempt' 'order to Serve Evidence' "defendant's Procedural Safeguards"]

Case Brief

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Procedural Posture

Contempt Application (criminal) Within Civil Proceedings / Interlocutory Application to Set Aside Order for Defendant to Serve Evidence

Legal Issues

  1. 1 ['Whether the order requiring the defendant to serve its evidence on the contempt motion should be set aside in light of criminal contempt procedure' 'Whether the statement of charge remains defective even after particulars supplied']

Ratio Decidendi

The order requiring the defendant to serve its evidence before the conclusion of the plaintiff's evidence is inconsistent with fundamental safeguards in criminal contempt proceedings; therefore, the order should be set aside.

Court Disposition

Application to set aside consent order granted; ancillary orders made.

Orders

  • ['Set aside order 4 made on 28 August 2012 (requiring defendant to serve its evidence).' "Order the defendant to pay the plaintiff's costs of today." 'Direct the parties/legal advisers to confer and produce a joint statement on the state of completion of repairs for next hearing.']