Davies v Beyond Building Systems Pty Ltd & ors [2009] NSWSC 1282

Davies v Beyond Building Systems Pty Ltd & ors [2009] NSWSC 1282

Contempt proved beyond reasonable doubt against second and third defendants because they had notice of the order to provide access to financial records, failed to do so intentionally (not due to accident or impossibility), and could have complied or used best endeavours to comply, as evidenced by later provision of the password.

Parties
Plaintiff: Steven Michael Davies; First Defendant: Beyond Building Systems Pty Ltd; Second Defendant: Vincent Brian Lee Smith; Third Defendant: Henrih Horthy
Jurisdiction
Australia
Judgment Date
23 October 2009
Procedural Posture
Contempt Application (civil Process) / Judgment After Final Hearing of Contempt Application
Outcome
Contempt charges proved against second and third defendants.
Legal Topics
Contempt of Court, Disobedience of Court Orders, Access to Records
Procedure Equity Contempt of Court Disobedience of Court Orders Access to Records

Case Brief

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Parties

Steven Michael Davies

Plaintiff

Beyond Building Systems Pty Ltd

First Defendant

Vincent Brian Lee Smith

Second Defendant

Henrih Horthy

Third Defendant

Procedural Posture

Contempt Application (civil Process) / Judgment After Final Hearing of Contempt Application

Legal Issues

  1. 1 Whether the second and third defendants were in contempt of court by failing to comply with order to provide access to financial records (Paypal account) of first defendant

Ratio Decidendi

Contempt proved beyond reasonable doubt against second and third defendants because they had notice of the order to provide access to financial records, failed to do so intentionally (not due to accident or impossibility), and could have complied or used best endeavours to comply, as evidenced by later provision of the password.

Court Disposition

Contempt charges proved against second and third defendants.

Orders

  • Second and third defendants to pay into court to the credit of these proceedings $10,000 each within fourteen days as security for future good conduct, forfeitable if found in further contempt, otherwise to be returned at conclusion of first instance proceedings.
  • Second and third defendants to pay the plaintiff's costs.