Bakir v Doueihi

Case [2002] QSC 19


SUPREME COURT OF QUEENSLAND

CITATION:  Bakir v Doueihi & Ors [2002] QSC 019
PARTIES:  RONNY MUHUDDINE BAKIR
(plaintiff/first respondent)
v
JEAN DARK DOUEIHI
(first defendant/applicant)
CRAZY RON’S PTY LTD (ACN 081 277 161)
(second defendant/second respondent)
CRAZY RON’S MOBILE PHONES PTY LTD
(ACN 083 358 114)
(third defendant/third respondent)
PORTVISTA PTY LTD (ACN 876 714 033)
(fourth defendant/fourth respondent)
AUSTRALIAN TELECOMMUNICATIONS
NETWORKS PTY LTD (ACN 085 169 106)
(fifth defendant/fifth respondent)
CRAZY RON’S COMMUNICATIONS HOLDINGS PTY
LTD (ACN 093 598 479)
(sixth defendant/sixth respondent)
FILE NO/S:  6124 of 2000
DIVISION:  Trial
PROCEEDING:  Application
ORIGINATING Supreme Court at Brisbane
COURT:
DELIVERED ON:  8 February 2002
DELIVERED AT:  Brisbane
HEARING DATE:  24 – 26 October, 8 November 2001
JUDGE:  Atkinson J
ORDER: 
1.  The first, second and fourth respondents are guilty of contempt in that they have not provided all copies of air time reports of service providers to the applicant or her nominees within 48 hours of receipt of the same, thereby contravening the order of the Honourable Justice Douglas made by consent on 27 July 2001.
2.  The first to sixth respondents are guilty of contempt in that they have prevented the applicant from taking an equal share of the stock referred to in paragraph 6(c) of the order of the Honourable Justice Douglas made by consent on 27 July 2001, thereby contravening that order.
3. The first and second respondents are not guilty of contempt in relation to the charge of denying the applicant access to the database referred to in paragraph 6(d) of the order of the Honourable Justice Douglas made by consent on 27 July 2001.
4.  The first to sixth respondents are guilty of contempt in that they have denied the applicant access to all connection contracts to 13 July 2001 for 30 days from 27 July 2001, thereby contravening the order of the Honourable Justice Douglas made by consent on 27 July 2001.
5.  Matter adjourned to a date to be fixed for the purpose of hearing further submissions as to penalty, compensation and costs.

CATCHWORDS: PRACTICE – CONTEMPT OF COURT – CIVIL CONTEMPT – BREACHES OF COURT ORDERS – BREACHES OF UNDERTAKINGS TO COURT – application seeking committal for contempt of court for failure to comply with undertakings and court orders – application proceeding on charges in respect of which court held case to answer exists – procedural requirements for bringing an application for contempt of court – construction and meaning of orders and undertakings – implication of term – time for compliance with orders – nature and evidence of charges against individual and corporations – compensation and penalty for contempt of court

Uniform Civil Procedure Rules, r 668, r 891, r 898, r 898(2)(a), r 898(2)(c)(i), r 900, r 900(3), r 900(4), r 904, r 925, r 925(a), r 925(1)(a), r 926, r 930, r 931, r 932

Adelaide Corporation v Jennings Industries Ltd (1985) 156
CLR 274, referred to
Associated Alloys Pty Ltd v ACN 001 106 Pty Ltd, [2000]

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AGLC
Bakir v Doueihi [2002] QSC 19
Case
[2002] QSC 19
Decision Date

CaseChat Overview and Summary

The case of Bakir v Doueihi involved the applicant, Ms Bakir, who brought proceedings against multiple respondents for alleged contempt of court orders. The respondents, who were parties to a prior litigation process, were accused of failing to comply with specific court orders. The matter was heard in the Supreme Court of Victoria. The primary dispute was whether the respondents had contravened the terms of a consent order made by Justice Douglas on 27 July 2001. The central legal issues before the court were whether the respondents had complied with the court's directives regarding the provision of documents and access to assets. The court had to determine whether the respondents' actions constituted contempt of court, specifically in relation to the non-provision of air time reports, the prevention of access to stock, the denial of access to a database, and the obstruction of access to connection contracts.

The court meticulously reviewed the evidence and the terms of the consent order to ascertain whether the respondents had indeed failed to comply. It was found that the first, second, and fourth respondents had not provided all copies of air time reports within the stipulated 48-hour period, which constituted contempt. Additionally, the first to sixth respondents were held in contempt for preventing the applicant from taking an equal share of specified stock. However, the first and second respondents were found not guilty of contempt concerning the denial of access to the database. Furthermore, the first to sixth respondents were found to have contravened the order by denying the applicant access to all connection contracts for 30 days from 27 July 2001. The court found that the respondents' actions were deliberate and in direct violation of the court's orders.

In conclusion, the court held that certain respondents were guilty of contempt for failing to comply with specific provisions of the consent order. The court directed the matter be adjourned to allow for further submissions regarding the appropriate penalties, compensation, and costs. The findings of contempt underscored the importance of adherence to court orders and the court's role in ensuring compliance through enforcement mechanisms.

Orders

Orders of the court

1.

The first, second and fourth respondents are guilty of contempt in that they have not provided all copies of air time reports of service providers to the applicant or her nominees within 48 hours of receipt of the same, thereby contravening the order of the Honourable Justice Douglas made by consent on 27 July 2001.

2.

The first to sixth respondents are guilty of contempt in that they have prevented the applicant from taking an equal share of the stock referred to in paragraph 6(c) of the order of the Honourable Justice Douglas made by consent on 27 July 2001, thereby contravening that order.

3.

The first and second respondents are not guilty of contempt in relation to the charge of denying the applicant access to the database referred to in paragraph 6(d) of the order of the Honourable Justice Douglas made by consent on 27 July 2001.

4.

The first to sixth respondents are guilty of contempt in that they have denied the applicant access to all connection contracts to 13 July 2001 for 30 days from 27 July 2001, thereby contravening the order of the Honourable Justice Douglas made by consent on 27 July 2001.

5.

Matter adjourned to a date to be fixed for the purpose of hearing further submissions as to penalty, compensation and costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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