Paccar Financial Pty Limited v Ian Menzies & Colleen Menzies [2015] NSWSC 501

Paccar Financial Pty Limited v Ian Menzies & Colleen Menzies [2015] NSWSC 501

The Court was satisfied beyond reasonable doubt that the 13 June 2013 orders were clear, unambiguous and capable of compliance, that both defendants were served with and knew of the orders, and that they deliberately and contumeliously failed to deliver the property to Paccar Financial, thereby impeding the administration of justice and committing contempt of court.

Jurisdiction
Australia
Judgment Date
04 May 2015
Procedural Posture
Motion Under R 55.7 of the Supreme Court Rules 1970 to Deal With Defendants for Contempt of Court / Principal Judgment on Contempt Charge; Punishment, Sentence and Costs Reserved
Outcome
Ian Menzies and Colleen Menzies were each found guilty of contempt of court; submissions on punishment, sentence and costs were reserved.
Legal Topics
['civil Contempt' 'failure to Comply With Court Orders' 'delivery Up of Property' 'standard of Proof Beyond Reasonable Doubt' 'wilful or Deliberate Breach of Orders']
['contempt of Court' 'civil Procedure'] ['civil Contempt' 'failure to Comply With Court Orders' 'delivery Up of Property' 'standard of Proof Beyond Reasonable Doubt' 'wilful or Deliberate Breach of Orders']

Case Brief

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Procedural Posture

Motion Under R 55.7 of the Supreme Court Rules 1970 to Deal With Defendants for Contempt of Court / Principal Judgment on Contempt Charge; Punishment, Sentence and Costs Reserved

Legal Issues

  1. 1 ["Whether Ian Menzies and Colleen Menzies breached the Court's orders made on 13 June 2013 requiring delivery of specified property to Paccar Financial Pty Ltd within 14 days." 'Whether any breach was deliberate, voluntary and contumelious so as to constitute contempt of court proven beyond reasonable doubt.' 'Whether the orders were clear, unambiguous, capable of compliance, served on the defendants and known to them.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the 13 June 2013 orders were clear, unambiguous and capable of compliance, that both defendants were served with and knew of the orders, and that they deliberately and contumeliously failed to deliver the property to Paccar Financial, thereby impeding the administration of justice and committing contempt of court.

Court Disposition

Ian Menzies and Colleen Menzies were each found guilty of contempt of court; submissions on punishment, sentence and costs were reserved.

Orders

  • ['Ian Menzies, is guilty of contempt of this Court, in that in breach of the Order made and entered by this Court on 13 June 2013 whereby Ian Menzies and Colleen Menzies were ordered to deliver the property referred to in order (1) to Paccar Financial Pty Ltd within fourteen days, Ian Menzies failed to deliver the...