Wexford Pty Ltd v Praveen Meckraj Doolub & Ors [2008] NSWSC 952

Wexford Pty Ltd v Praveen Meckraj Doolub & Ors [2008] NSWSC 952

The defendants are guilty of contempt as the monies paid into the solicitors' trust account became assets of the defendants upon deposit; they knowingly authorised payments out exceeding the permitted sum under the asset preservation order; the breach was wilful and not accidental or unintentional.

Jurisdiction
Australia
Judgment Date
15 September 2008
Procedural Posture
Civil Contempt Application / Decision on Liability (contempt Motion), Further Orders to Be Made After Submissions
Outcome
Defendants found guilty of contempt; matter to be relisted for submissions and further orders.
Legal Topics
['contempt of Court' 'mareva Injunction' 'trust Accounts' 'standard of Proof' 'civil V Criminal Contempt' 'legal Costs']
['equity' 'civil Procedure'] ['contempt of Court' 'mareva Injunction' 'trust Accounts' 'standard of Proof' 'civil V Criminal Contempt' 'legal Costs']

Case Brief

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Procedural Posture

Civil Contempt Application / Decision on Liability (contempt Motion), Further Orders to Be Made After Submissions

Legal Issues

  1. 1 ["Whether defendants knowingly breached Mareva asset preservation orders by authorising payments exceeding $50,000 from solicitors' trust account" 'Whether money paid into trust account by third parties was an asset of the defendants' 'Whether breach was wilful or merely accidental/unintentional']

Ratio Decidendi

The defendants are guilty of contempt as the monies paid into the solicitors' trust account became assets of the defendants upon deposit; they knowingly authorised payments out exceeding the permitted sum under the asset preservation order; the breach was wilful and not accidental or unintentional.

Court Disposition

Defendants found guilty of contempt; matter to be relisted for submissions and further orders.

Orders

  • ['Declaration to be made that defendants are guilty of contempt as charged (pending submission of short minutes of order).' 'Matter to be relisted for further submissions as to appropriate orders.']