JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: ATTORNEY GENERAL -v- MORRISON [No 2] [2022] WASC 295
CORAM: CURTHOYS J
HEARD: 4 AUGUST 2022
DELIVERED : 2 SEPTEMBER 2022
FILE NO/S: CIV 1361 of 2022
BETWEEN: ATTORNEY GENERAL
Applicant
AND
ROBERT NOEL MORRISON
First Contemnor
ROBERT FRANK MORRISON
Second Contemnor
Catchwords:
Contempt of court - Breach of undertaking given to State Administrative Tribunal - Aiding and abetting breach of undertaking - Elements of contempt of court for breach of undertaking
Legislation:
Rules of the Supreme Court 1971 (WA), O 55 r 4, r 7(1)
State Administrative Tribunal Act 2004 (WA), s 100(1)
Result:
First contemnor guilty of contempt
Second contemnor guilty of contempt
Category: B
Representation:
Counsel:
| Applicant | : | J Shaw |
| First Contemnor | : | In person |
| Second Contemnor | : | In person |
Solicitors:
| Applicant | : | State Solicitor for Western Australia |
| First Contemnor | : | Not applicable |
| Second Contemnor | : | Not applicable |
Cases referred to in decision:
Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201
Allbeury v Corruption and Crime Commission [2012] WASCA 84; (2012) 42 WAR 425
Australasian Meat Industry Employees' Union v Mudginberri Station [1986] HCA 46; 161 CLR 98
Chief Executive Officer, Department of Environment and Conservation v Szulc [2010] WASC 195
Construction Forestry Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd [2014] VSCA 261
Hammond v Aboudi [2005] 31 WASCA 204; (2005) WAR 533
International Land Developments Pty Ltd v Diamo Nominees Pty Ltd [2007] WASC 96; (2007) 34 WAR 201
Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69
Perpetual Trustees Victoria Ltd v Allen [2012] WASC 258
Seaward v Paterson [1897] 1 Ch 545
The Queen v Hinch [2013] VSC 520
Windsurfing International Inc v Sailboards Australia Pty Ltd (1986) 19 FCR 110
CURTHOYS J:
Introduction
The applicant, the Attorney General, seeks orders that the first contemnor, Robert Noel Morrison (Mr Morrison Snr), and the second contemnor, Robert Frank Morrison (Mr Morrison Jnr), be punished for contempt of court for the sale of a property in contravention of an undertaking given to the State Administrative Tribunal (the Tribunal). These proceedings arise from a report to this court concerning the conduct of the Morrisons by the President of the Tribunal on 2 September 2021 pursuant to s 100(1) of the State Administrative Tribunal Act 2004 (WA) (SAT Act).
On 5 August 2021, in the course of a directions hearing for guardianship and administration proceedings before the Tribunal (proceedings GAA 2976/2021), Mr Morrison Snr gave an undertaking to the Tribunal (the Undertaking). The Undertaking was that 'he would not sell, charge, transfer, mortgage (including increasing the amount of any loan either by further application or by accessing any redraw facility) or otherwise deal with the property at 146 Old Dairy Court, Oakford, Western Australia' (the Property).[1]
[1] Affidavit of Yasmin Salleh sworn 13 April 2022 [7],…
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- Attorney General v Morrison [No 2] [2022] WASC 295
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- [2022] WASC 295
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