Josip Duic -v- Emil Duic [2012] NSWSC 542

Josip Duic -v- Emil Duic [2012] NSWSC 542

Plaintiff’s deliberate non-compliance with the court’s orders justified issue of a warrant for arrest to secure attendance on a charge of contempt; on appearance and compliance, the contempt was purged and costs were ordered against the plaintiff.

Parties
Plaintiff: Josip Duic; Defendant: Emil Duic
Jurisdiction
Australia
Judgment Date
01 May 2012
Procedural Posture
Contempt Motion Within Civil Proceedings / Ex Tempore and Final Orders at Contempt Hearing
Outcome
Warrant for arrest issued; warrant later discharged on plaintiff's compliance and apology; order for indemnity costs against plaintiff.
Legal Topics
Failure to Comply With Court Orders, Contempt Proceeding, Warrant of Arrest, Costs Indemnity
Contempt of Court Equity Corporations Failure to Comply With Court Orders Contempt Proceeding Warrant of Arrest Costs Indemnity

Case Brief

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Parties

Josip Duic

Plaintiff

Emil Duic

Defendant

Procedural Posture

Contempt Motion Within Civil Proceedings / Ex Tempore and Final Orders at Contempt Hearing

Legal Issues

  1. 1 Whether the plaintiff failed to comply with orders of the court to take necessary steps to enable the Registrar General to record the defendant as proprietor of real property
  2. 2 Whether the plaintiff was guilty of contempt of court
  3. 3 Whether a warrant for arrest should be issued to secure attendance of the plaintiff

Ratio Decidendi

Plaintiff’s deliberate non-compliance with the court’s orders justified issue of a warrant for arrest to secure attendance on a charge of contempt; on appearance and compliance, the contempt was purged and costs were ordered against the plaintiff.

Court Disposition

Warrant for arrest issued; warrant later discharged on plaintiff's compliance and apology; order for indemnity costs against plaintiff.

Orders

  • Registrar to include requisite notice on judgment as per UCPR 40.7(3)
  • Warrant for arrest of Josip Duic issued to secure attendance for contempt