Novelly v Tamqia Pty Ltd

[2024] NSWCA 167

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contempt
2. › Breach of undertakings given to Court
3. › Civil and criminal contempt
4. › Double aspect of contempt proceedings
5. › Whether allegation of contumacy in statement of charge converts proceedings to criminal contempt only
6. › Whether court constrained from finding civil contempt where contumacy not proved
1. Contempt
2. › Breach of undertakings given to Court
3. › Characterisation of contempt proceedings
4. › Whether proceedings remedial or coercive, or punitive
5. › Time at which character of proceedings assessed
6. › Factors relevant to characterisation
7. › Supreme Court Act 1970 (NSW), s 101(5), (6)
1. Appeal
2. › Competency of appeal
3. › Contempt proceedings
4. › Whether appeal from dismissal of contempt proceedings incompetent under s 101(6) of Supreme Court Act 1970 (NSW)
5. › Distinction between civil and criminal contempt for appellate rights
6. › Supreme Court Act 1970 (NSW), s 101(5), (6)
1. Practice and Procedure
2. › Contempt proceedings
3. › Procedural fairness
4. › Whether procedurally unfair to find civil contempt where statement of charge alleged contumacy
5. › Whether respondents on notice of double aspect of charges

Quick Take

Alleging contumacy in a statement of charge does not convert contempt proceedings for breach of court orders or undertakings to criminal contempt only; the charges retain a 'double aspect' and a finding of civil contempt remains available even if contumacy is not proved.