Point Plumbing Pty Ltd v Kopa [2026] NSWSC 572

[2026] NSWSC 572

Supreme Court of NSW

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Catchwords

1. CONTEMPT — Civil contempt — Procedural requirements — Various procedural defects — Service — Personal service — Where personal service has not been effected — Where statement of charge not filed with notice of motion — Where plaintiff did not inform Court of procedural defaults — Whether personal service requirements should be dispensed with — Whether contemnor clearly informed of charge against him

Quick Take

The Court dismissed a civil contempt application for multiple procedural defaults: failure to personally serve the notice of motion, statement of charge and supporting affidavits on the contemnor as required by Part 55 rule 9 of the Supreme Court Rules 1970 (NSW), and failure to file the statement of charge with the notice of motion as required by rule 7. Bennett J held that this was not a 'proper case' to dispense with personal service under s 14 of the CPA, notwithstanding evidence the contemnor had actual notice via email, because there was minimal attempt to effect personal service, the statement of charge was filed two months late, the plaintiff's lawyers failed to draw the procedural defaults to the Court's attention, and there were deficiencies in the charges themselves. The Court also declined permanent injunctive relief on the basis that there was no evidence of any extant threat of further disparaging publications, the single review having been taken down approximately 16 months earlier.