TYNAN v MEHARG [1999] NSWCA 157

TYNAN v MEHARG [1999] NSWCA 157

Although the Tynans made a late and unexcused start to complying with the demolition order, from about mid-February 1999 they took reasonably expeditious steps to comply. The penalty for contempt was satisfied by declaration of contempt and indemnity costs, given significant economic and personal hardship, without further penalty.

Parties
Opponent/appellant: Tynan & Ors; Claimant/respondent: Meharg & Anor; Respondent(2): Meharg & Anor
Jurisdiction
Australia
Judgment Date
31 May 1999
Procedural Posture
Appeal / Penalty Determination After Finding of Contempt
Outcome
Guilty of contempt; orders made
Legal Topics
Non Compliance With Court Orders, Demolition of Building, Penalty for Contempt
Contempt of Court Civil Procedure Non Compliance With Court Orders Demolition of Building Penalty for Contempt

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Parties

Tynan & Ors

Opponent/appellant

Meharg & Anor

Claimant/respondent

Meharg & Anor

Respondent(2)

Procedural Posture

Appeal / Penalty Determination After Finding of Contempt

Legal Issues

  1. 1 What is the appropriate penalty for non-compliance with a court order to demolish a house?
  2. 2 Should the economic and personal losses of contemnors be taken into account in determining penalty for contempt?

Ratio Decidendi

Although the Tynans made a late and unexcused start to complying with the demolition order, from about mid-February 1999 they took reasonably expeditious steps to comply. The penalty for contempt was satisfied by declaration of contempt and indemnity costs, given significant economic and personal hardship, without further penalty.

Court Disposition

Guilty of contempt; orders made

Orders

  • Declaration that the first opponents were guilty of contempt of court for failure to comply with order to remove the building by 30 November 1998.
  • The opponents (Tynans) to pay the claimants' (Meharg) costs on an indemnity basis of the notices of motion of 3 December 1998 and 9 February 1999.