Harrington and Yardley

In a contravention application before Judge Brown, the dispute concerned alleged breaches of orders previously made on 13 September 2016. The applicants, Harrington and Yardley, sought to establish contraventions by the respondent.

The court was required to determine whether counts one and three of the contravention application were established, and if so, whether a reasonable excuse had been made out by the respondent. Additionally, the court had to consider count two of the contravention application and determine its outcome.

Judge Brown found that counts one and three of the contravention application were established, but importantly, that the respondent had made out a reasonable excuse in each of those instances. Count two of the application was dismissed. The court then directed each party to file an affidavit proposing how the existing orders could be facilitated more efficiently, with a particular focus on sparing an individual referred to as 'X' from future distress, and also to provide proposals regarding make-up time. No order was made as to costs for the contravention application, and further consideration of the matter was adjourned.