COLLIER and ANOR v SENGOS and ANOR [1994] NSWCA 55

COLLIER and ANOR v SENGOS and ANOR [1994] NSWCA 55

There was no conduct that constituted a breach of the undertaking as Mr Sengos did not enter into a contract of sale during the period specified; entering into an agency agreement was not prohibited by the terms of the undertaking and thus did not amount to contempt of court.

Parties
Applicant: Mr and Mrs Collier; Respondent: Mr Peter Sengos; Respondent: Mr Domenico Mosca
Jurisdiction
Australia
Judgment Date
18 July 1994
Procedural Posture
Notice of Motion for Contempt / Court of Appeal, Motion to Strike Out Contempt Proceedings
Outcome
Notices of motion granted. Motion for contempt struck out. Applicants ordered to pay costs of the present respondents.
Legal Topics
Breach of Undertaking, Mortgage, Injunction, Agency Agreement
Contempt of Court Equity Property Law Breach of Undertaking Mortgage Injunction Agency Agreement

Case Brief

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Parties

Mr and Mrs Collier

Applicant

Mr Peter Sengos

Respondent

Mr Domenico Mosca

Respondent

Procedural Posture

Notice of Motion for Contempt / Court of Appeal, Motion to Strike Out Contempt Proceedings

Legal Issues

  1. 1 Whether Mr Sengos' entry into an agency agreement constituted a breach of undertaking to the court
  2. 2 Whether conduct by Mr Sengos or Mr Mosca amounted to contempt of court

Ratio Decidendi

There was no conduct that constituted a breach of the undertaking as Mr Sengos did not enter into a contract of sale during the period specified; entering into an agency agreement was not prohibited by the terms of the undertaking and thus did not amount to contempt of court.

Court Disposition

Notices of motion granted. Motion for contempt struck out. Applicants ordered to pay costs of the present respondents.

Orders

  • Motion for contempt brought by Mr and Mrs Collier struck out
  • Applicants (Mr and Mrs Collier) ordered to pay the costs of Mr Sengos and Mr Mosca