Randwick City Council v Athens and Anor (No. 6) [2004] NSWLEC 206

Randwick City Council v Athens and Anor (No. 6) [2004] NSWLEC 206

The Court grants leave to reopen the hearing solely for the purpose of allowing the applicant to tender evidence of service, as the interests of justice justify admission of this evidence and no final judgment has yet been given.

Parties
Applicant: Randwick City Council; First Respondent: Peta Athens; Second Respondent: Athens Holdings Pty Limited (ACN 001 166 552)
Jurisdiction
Australia
Judgment Date
27 April 2004
Procedural Posture
Contempt Proceedings / Application to Reopen Case for Tendering Affidavits of Service
Outcome
Leave granted to applicant to adduce further evidence relating to service of orders.
Legal Topics
Reopening Hearing, Tendering Evidence of Service, Standard of Proof in Contempt Proceedings
Contempt of Court Civil Procedure Reopening Hearing Tendering Evidence of Service Standard of Proof in Contempt Proceedings

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Parties

Randwick City Council

Applicant

Peta Athens

First Respondent

Athens Holdings Pty Limited (ACN 001 166 552)

Second Respondent

Procedural Posture

Contempt Proceedings / Application to Reopen Case for Tendering Affidavits of Service

Legal Issues

  1. 1 Whether leave should be granted to reopen the hearing to tender affidavits of service
  2. 2 Whether the standard of proof for criminal proceedings applies in contempt cases
  3. 3 Whether prejudice to the respondent warrants refusing leave to reopen

Ratio Decidendi

The Court grants leave to reopen the hearing solely for the purpose of allowing the applicant to tender evidence of service, as the interests of justice justify admission of this evidence and no final judgment has yet been given.

Court Disposition

Leave granted to applicant to adduce further evidence relating to service of orders.

Orders

  • Leave is granted to the applicant to adduce further evidence relating to the service of the orders the subject of these proceedings.