Maddocks v Brown & Anor [2002] NSWSC 111

Maddocks v Brown & Anor [2002] NSWSC 111

The Court of Appeal authorities construing Supreme Court Rules Part 55 rule 11(1) establish that a person alleging contempt has no right to commence proceedings by summons seeking an order that the Court direct the Registrar to institute contempt proceedings; the rule leaves any such commencement to the Court's own motion. Those authorities could not be distinguished merely because the plaintiff claimed to be a stranger to the earlier proceedings or alleged contempt of another court. The summons was therefore misconceived and dismissed.

Jurisdiction
Australia
Judgment Date
01 March 2002
Procedural Posture
Summons Seeking an Order Directing the Registrar to Commence Proceedings for Punishment of Contempt / Defendants' Notice of Motion to Dismiss the Summons Under Supreme Court Rules Part 13 Rule 5 or Strike It Out Under Part 15 Rule 26
Outcome
The summons is dismissed. The plaintiff is to pay the defendants' costs.
Legal Topics
['proceedings for Punishment of Contempt' 'registrar Commencing Contempt Proceedings' 'supreme Court Rules Part 55 Rule 11' 'dismissal or Striking Out of Summons']
['contempt of Court' 'civil Procedure'] ['proceedings for Punishment of Contempt' 'registrar Commencing Contempt Proceedings' 'supreme Court Rules Part 55 Rule 11' 'dismissal or Striking Out of Summons']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Summons Seeking an Order Directing the Registrar to Commence Proceedings for Punishment of Contempt / Defendants' Notice of Motion to Dismiss the Summons Under Supreme Court Rules Part 13 Rule 5 or Strike It Out Under Part 15 Rule 26

Legal Issues

  1. 1 ['Whether a person alleging contempt may bring a summons requiring the Court to direct the Registrar to commence proceedings for punishment of contempt under Supreme Court Rules Part 55 rule 11(1).' "Whether the plaintiff's summons was misconceived and should be dismissed."]

Ratio Decidendi

The Court of Appeal authorities construing Supreme Court Rules Part 55 rule 11(1) establish that a person alleging contempt has no right to commence proceedings by summons seeking an order that the Court direct the Registrar to institute contempt proceedings; the rule leaves any such commencement to the Court's own motion. Those authorities could not be distinguished merely because the plaintiff claimed to be a stranger to the earlier proceedings or alleged contempt of another court. The summons was therefore misconceived and dismissed.

Court Disposition

The summons is dismissed. The plaintiff is to pay the defendants' costs.

Orders

  • ['The summons is dismissed.' "The plaintiff is to pay the defendants' costs."]