Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd

Admark Property Group Pty Ltd, in liquidation, sought to hold GJ Building and Contracting Pty Ltd and its director in contempt of court. The dispute centred on whether the director had knowingly impeded the administration of justice by causing the company to breach an undertaking given to the court. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether the director had the requisite knowledge of the undertaking, whether rule 36.5 of the Uniform Civil Procedure Rules 2005 applied to the undertaking, and whether the undertaking was sufficiently precise to ground a charge of contempt. The court had to determine if the charge of contempt was established beyond reasonable doubt.

The court found that the requisite knowledge was not established beyond reasonable doubt, that rule 36.5 did apply to the undertaking, and that the undertaking was not sufficiently precise to ground a charge of contempt. Consequently, the court dismissed the application for a contempt order.

The court ordered that the application be dismissed, with no orders as to costs.