Belton and Braim

In the matter of *Belton and Braim*, Carew J of the Supreme Court of Queensland considered an application for contempt filed by the applicant. The applicant sought to establish that the respondents had breached an undertaking given to the Court.

The central legal issue before the Court was whether the conduct of the respondents constituted a contempt of court by reason of their alleged breach of a formal undertaking previously provided to the Court.

Carew J dismissed the application, finding that the applicant had not discharged the onus of proving contempt. The Court applied the well-established principles governing contempt of court, which require proof beyond reasonable doubt. In this instance, the evidence presented by the applicant was insufficient to satisfy the Court that the respondents had, in fact, breached their undertaking.