Commonwealth Bank of Australia v Salvato (No.2) [2013] NSWSC 319

Commonwealth Bank of Australia v Salvato (No.2) [2013] NSWSC 319

Although the defendant had failed to act promptly after becoming aware of the contempt proceedings, the seriousness of contempt and the interests of justice required an adjournment to give him an adequate opportunity to prepare. However, the factual issues were relatively simple and the period sought was not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 March 2013
Procedural Posture
Contempt Proceedings; Application for Adjournment / Ex Tempore Procedural Ruling
Outcome
Adjournment granted for a shorter period than sought; defendant ordered to pay the plaintiff's costs of the day and procedural directions made.
Legal Topics
['adjournment of Contempt Proceedings' 'service' 'costs' 'subpoenas' 'undertaking to the Court']
['practice and Procedure' 'contempt'] ['adjournment of Contempt Proceedings' 'service' 'costs' 'subpoenas' 'undertaking to the Court']

Source-derived case record

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Procedural Posture

Contempt Proceedings; Application for Adjournment / Ex Tempore Procedural Ruling

Legal Issues

  1. 1 ['Whether proceedings alleging contempt of Court should be adjourned to allow the defendant time to prepare evidence and obtain instructions.' 'Whether any adjournment should be for the period sought by the defendant or for a shorter period.' 'Whether a costs order should be made in favour of the plaintiff because of the adjournment.']

Ratio Decidendi

Although the defendant had failed to act promptly after becoming aware of the contempt proceedings, the seriousness of contempt and the interests of justice required an adjournment to give him an adequate opportunity to prepare. However, the factual issues were relatively simple and the period sought was not reasonably necessary, so the proceedings were adjourned only to 11 March 2013 with costs and procedural directions.

Court Disposition

Adjournment granted for a shorter period than sought; defendant ordered to pay the plaintiff's costs of the day and procedural directions made.

Orders

  • ['Stand over the hearing of these proceedings to 10.30am on Monday 11 March 2013.' "Order the defendant to pay the plaintiff's costs today." 'Reserve for consideration on 11 March 2013 the fixing of a gross sum in which such costs order should be made.' "Order that all affidavits and other material upon which the...