Nathan Elali v Carl Frederik Reinhold Mahrs & Anor (No. 3) [2014] NSWSC 58

Nathan Elali v Carl Frederik Reinhold Mahrs & Anor (No. 3) [2014] NSWSC 58

Because the defendants' contempt motion did not comply with Part 55 r 7 by including a statement of charge specifying the contempt, the Court adjourned the proceedings and required service of the charge before any hearing; given the plaintiff's continued occupation and the agreed rental calculation, the Court ordered payment of mesne profits to 14 February 2014.

Jurisdiction
Australia
Judgment Date
11 February 2014
Procedural Posture
Defendants' Motion for Contempt of Court and Consequential Directions / Directions
Outcome
Matter stood over for directions; plaintiff ordered to pay mesne profits; applicant on motion ordered to serve a copy of the charge.
Legal Topics
['compliance With Supreme Court Rules for Contempt Motion' 'statement of Charge' 'mesne Profits' 'possession of Premises']
['procedure' 'contempt of Court'] ['compliance With Supreme Court Rules for Contempt Motion' 'statement of Charge' 'mesne Profits' 'possession of Premises']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defendants' Motion for Contempt of Court and Consequential Directions / Directions

Legal Issues

  1. 1 ["Whether the defendants' contempt motion complied with Supreme Court Rules 1970, Part 55, r 7." 'Whether the matter should be set down for hearing before a statement of charge specifying the contempt was served or filed.' 'Whether the plaintiff should pay mesne profits for continued occupation of the premises pending the adjourned directions date.']

Ratio Decidendi

Because the defendants' contempt motion did not comply with Part 55 r 7 by including a statement of charge specifying the contempt, the Court adjourned the proceedings and required service of the charge before any hearing; given the plaintiff's continued occupation and the agreed rental calculation, the Court ordered payment of mesne profits to 14 February 2014.

Court Disposition

Matter stood over for directions; plaintiff ordered to pay mesne profits; applicant on motion ordered to serve a copy of the charge.

Orders

  • ['Stand the matter over for directions to 9.30am on Monday 17 February 2014.' 'I order the plaintiff to pay in respect of his after acquired property the subject of these proceedings the sum of $3,440 to the defendants by 5pm Friday, 14 February 2014, being for mesne profits for his occupation of the premises for...