FERRIER HODGSON AND ANOR V VINCENT ROSS SIEMER AND ANOR HC AK CIV 2005-404-1808

FERRIER HODGSON AND ANOR V VINCENT ROSS SIEMER AND ANOR HC AK CIV 2005-404-1808

The first defendant was found in contempt beyond reasonable doubt because he intentionally and repeatedly breached the clear injunction, admitted doing so in emails, and continued to publish and disseminate offending material; consequently the Court granted plaintiffs leave to issue a writ of arrest, debarred the first defendant from defending the proceeding until further order, and ordered solicitor-and-client costs for the application to be paid by the first defendant.

Citation
openlaw-cb7aa64f_f638_4c88_b015_d0ad189a4c62.pdf
Parties
First Plaintiff: Ferrier Hodgson; Second Plaintiff: Michael Peter Stiassny; First Defendant: Vincent Ross Siemer; Second Defendant: Paragon Services Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 July 2007
Procedural Posture
Contempt/committal Application Arising From Breach of Injunction / Hearing and Judgment on Interlocutory Application (application for Committal, Debarment and Costs)
Outcome
Finding of contempt against the first defendant; leave granted to issue a writ of arrest; first defendant debarred from defending until further order; costs awarded to plaintiffs on solicitor-and-client basis.
Legal Topics
Committal, Writ of Arrest, Debarment From Defending, Solicitor and Client Costs, Contempt Penalty
Civil Procedure Contempt of Court Injunctions Enforcement of Judgments Committal Writ of Arrest Debarment From Defending Solicitor and Client Costs +1 more

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Parties

Ferrier Hodgson

First Plaintiff

Michael Peter Stiassny

Second Plaintiff

Vincent Ross Siemer

First Defendant

Paragon Services Limited

Second Defendant

Procedural Posture

Contempt/committal Application Arising From Breach of Injunction / Hearing and Judgment on Interlocutory Application (application for Committal, Debarment and Costs)

Legal Issues

  1. 1 Whether the first defendant breached the May 2005 injunction
  2. 2 Whether the breach was intentional and proved beyond reasonable doubt
  3. 3 Whether a writ of arrest should be issued to bring the defendant before the Court

Ratio Decidendi

The first defendant was found in contempt beyond reasonable doubt because he intentionally and repeatedly breached the clear injunction, admitted doing so in emails, and continued to publish and disseminate offending material; consequently the Court granted plaintiffs leave to issue a writ of arrest, debarred the first defendant from defending the proceeding until further order, and ordered solicitor-and-client costs for the application to be paid by the first defendant.

Court Disposition

Finding of contempt against the first defendant; leave granted to issue a writ of arrest; first defendant debarred from defending until further order; costs awarded to plaintiffs on solicitor-and-client basis.

Orders

  • Leave granted to the plaintiffs to issue a writ of arrest to bring Vincent Ross Siemer before the Court to determine consequences of his contempt.
  • Vincent Ross Siemer is debarred from defending this proceeding until further order of the Court.