Westpac Banking Corporation v Bruce Patrick Burke [2011] NSWSC 549

Westpac Banking Corporation v Bruce Patrick Burke [2011] NSWSC 549

There is a serious issue to be tried as to whether it is necessary to comply strictly with Rule 40.7(3) for a contempt finding; evidence should be allowed and adjournment granted to enable parties to address the delay and procedural questions at trial.

Jurisdiction
Australia
Judgment Date
03 June 2011
Procedural Posture
Interlocutory Application / Application for Adjournment
Outcome
Application allowed
Legal Topics
['late Evidence' 'failure to Comply With Court Directions' 'adjournment' 'requirement of Penal Notice for Contempt Proceedings']
['contempt' 'practice and Procedure'] ['late Evidence' 'failure to Comply With Court Directions' 'adjournment' 'requirement of Penal Notice for Contempt Proceedings']

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Procedural Posture

Interlocutory Application / Application for Adjournment

Legal Issues

  1. 1 ['Whether non-compliance with Rule 40.7(3) of the Uniform Civil Procedure Rules 2005 is a fatal flaw for a contempt application' 'Whether adjournment should be granted to allow explanation of delay in serving evidence']

Ratio Decidendi

There is a serious issue to be tried as to whether it is necessary to comply strictly with Rule 40.7(3) for a contempt finding; evidence should be allowed and adjournment granted to enable parties to address the delay and procedural questions at trial.

Court Disposition

Application allowed

Orders

  • ['Adjournment granted on terms']