THE REGISTRAR COURT OF APPEAL v PELECHOWSKI [1997] NSWCA 311

THE REGISTRAR COURT OF APPEAL v PELECHOWSKI [1997] NSWCA 311

The respondent was present in court when a clear and unambiguous restraining order was pronounced. The respondent understood the terms and wilfully breached the order by executing a mortgage, constituting contempt of court.

Parties
Claimant: The Registrar Court of Appeal; Respondent: Karl Pelechowski; Respondent: Penelope Stephens
Jurisdiction
Australia
Judgment Date
28 October 1997
Procedural Posture
Contempt Proceedings / Judgment on Contempt, Adjourned for Penalty
Outcome
Respondent found guilty of contempt; proceedings adjourned for penalty.
Legal Topics
Mareva Injunction, Breach of Court Order, Notice of Court Order, Jurisdiction of District Court
Contempt of Court Injunctions Civil Procedure Mareva Injunction Breach of Court Order Notice of Court Order Jurisdiction of District Court

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Parties

The Registrar Court of Appeal

Claimant

Karl Pelechowski

Respondent

Penelope Stephens

Respondent

Procedural Posture

Contempt Proceedings / Judgment on Contempt, Adjourned for Penalty

Legal Issues

  1. 1 Whether the District Court had power to grant Mareva injunctions
  2. 2 Whether the injunction order was clear and unambiguous
  3. 3 Whether the respondent had proper notice of the injunction

Ratio Decidendi

The respondent was present in court when a clear and unambiguous restraining order was pronounced. The respondent understood the terms and wilfully breached the order by executing a mortgage, constituting contempt of court.

Court Disposition

Respondent found guilty of contempt; proceedings adjourned for penalty.

Orders

  • Declare that on 29 April and 9 July 1994 the respondent committed wilful breaches of the injunction granted by Judge Christie QC on 15 April 1994.
  • Adjourn the proceedings to a date to be fixed to consider the question of penalty.