ASH ROAD INVESTMENTS LTD V MCLEAN TOWER LTD HC AK CIV-2006-404-3985

ASH ROAD INVESTMENTS LTD V MCLEAN TOWER LTD HC AK CIV-2006-404-3985

The application is dismissed: the transfer of apartments purged any contempt relating to non-transfer and further enquiry is unnecessary; Begley was not in contempt for non-payment of penalty interest because he lacked means and did not act wilfully, but his failure to produce evidence and conduct justified an award of indemnity/solicitor–client costs against him.

Citation
openlaw-a917a8cc_0030_4d68_ab6e_e61a2fa6cf88.pdf
Parties
First Applicant: Ash Road Investments Limited; Second Applicant: John Davis; First Respondent: McLean Tower Limited; Second Respondent: Michael John Begley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 December 2006
Procedural Posture
Contempt and Enforcement of Specific Performance Order / Judgment (reserved Judgment Delivered)
Outcome
Plaintiffs' application dismissed; indemnity/solicitor–client costs ordered against Mr Begley
Legal Topics
Specific Performance, Sequestration, Writs of Arrest, Indemnity Costs
Civil Procedure Contempt of Court Contract Law Equity Specific Performance Sequestration Writs of Arrest Indemnity Costs

Case Brief

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Parties

Ash Road Investments Limited

First Applicant

John Davis

Second Applicant

McLean Tower Limited

First Respondent

Michael John Begley

Second Respondent

Procedural Posture

Contempt and Enforcement of Specific Performance Order / Judgment (reserved Judgment Delivered)

Legal Issues

  1. 1 Whether Begley and McLean were in contempt for failing to comply with order for specific performance
  2. 2 Whether any contempt was purged by subsequent transfer of apartments
  3. 3 Whether Begley’s inability to pay penalty interest negated civil contempt liability

Ratio Decidendi

The application is dismissed: the transfer of apartments purged any contempt relating to non-transfer and further enquiry is unnecessary; Begley was not in contempt for non-payment of penalty interest because he lacked means and did not act wilfully, but his failure to produce evidence and conduct justified an award of indemnity/solicitor–client costs against him.

Court Disposition

Plaintiffs' application dismissed; indemnity/solicitor–client costs ordered against Mr Begley

Orders

  • The plaintiffs' application is dismissed.
  • Mr Begley will pay the actual solicitor/client costs incurred by the plaintiffs in connection with this application.