Westpac v Leith Gordon Bagshaw [1999] NSWSC 479

Westpac v Leith Gordon Bagshaw [1999] NSWSC 479

The contemnor's contempt was wilful, but because he was an undischarged bankrupt and a fine would be impractical, the appropriate response was to admonish him, order him to pay the plaintiff's costs assessed at $20,000 within three months, deem the contempt purged upon payment, and in the meantime preclude him from taking further action in his defence and stay his cross-claim.

Jurisdiction
Australia
Judgment Date
19 May 1999
Procedural Posture
Contempt Proceedings / Reasons for Judgment on Penalty and Costs After Finding of Contempt
Outcome
Contemnor found guilty of contempt, admonished, ordered to pay costs, and restricted from taking further steps in his defence and cross-claim until the contempt is purged by payment.
Legal Topics
['wilful Contempt' 'failure to Comply With Court Orders' 'costs Assessment' 'purging Contempt' 'stay of Defence and Cross Claim']
['civil Procedure' 'contempt of Court' 'costs'] ['wilful Contempt' 'failure to Comply With Court Orders' 'costs Assessment' 'purging Contempt' 'stay of Defence and Cross Claim']

Case Brief

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Procedural Posture

Contempt Proceedings / Reasons for Judgment on Penalty and Costs After Finding of Contempt

Legal Issues

  1. 1 ['How the court should deal with the contemnor after finding him guilty of contempt.' "Whether a fine or imprisonment should be imposed in light of the contemnor's circumstances." 'What costs order should be made and whether the contempt should be purged by payment of costs.' 'Whether the contemnor should be restricted from taking further steps in his defence and cross-claim until the contempt is purged.']

Ratio Decidendi

The contemnor's contempt was wilful, but because he was an undischarged bankrupt and a fine would be impractical, the appropriate response was to admonish him, order him to pay the plaintiff's costs assessed at $20,000 within three months, deem the contempt purged upon payment, and in the meantime preclude him from taking further action in his defence and stay his cross-claim.

Court Disposition

Contemnor found guilty of contempt, admonished, ordered to pay costs, and restricted from taking further steps in his defence and cross-claim until the contempt is purged by payment.

Orders

  • ['The contemnor is found guilty of contempt of this court for failing to comply with order 3 made by the Honourable Simpson J on 1 April 1997, as extended by the Honourable Bruce J on 7 April 1997, and the operation of which was continued by order of the Honourable James J on 30 June 1997, in that the contemnor did...