| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
S ECI 2019 01420
| ANDREAS KOULOURIS | Plaintiff |
| v | |
| NIKOLAOS HAIDARIS | Defendant |
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JUDGE: | CONNOCK J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 24 March 2020 |
DATE OF JUDGMENT: | 6 May 2020 |
CASE MAY BE CITED AS: | Koulouris v Haidaris (No 3) |
MEDIUM NEUTRAL CITATION: | [2020] VSC 240 |
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CONTEMPT OF COURT – Civil or criminal contempt – Freezing order – Failure to file affidavit regarding assets and financial position – Relevant principles – Contempt admitted – Penalty – Supreme Court (General Civil Procedure) Rules 2015 (Vic) ords 66, 75 – Civil contempt application – Bankrupt defendant – Bankruptcy – Fine imposed – Declaration.
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APPEARANCES: | Counsel | Solicitors |
| The Plaintiff appeared in person | ||
| For the Defendant | Mr P Lithgow |
HIS HONOUR:
Introduction and Summary
These reasons address the only remaining issue in the proceeding, which is a contempt charge brought by the plaintiff against the defendant in connection with the defendant’s failure to file and serve an affidavit setting out certain information regarding his assets and financial position. The affidavit was required by an order of Robson J made on 11 April 2019 (Affidavit Order).
The substantive issues in this proceeding relate to a dispute regarding the defendant’s failure to repay to the plaintiff certain loan advances totalling $1,080,000 (Loan Advances).[1] The defendant admitted that the Loan Advances were made and not repaid and said that he had a gambling addiction that had resulted in the Loan Advances and other amounts being used for gambling and lost, rather than being advanced by way of loans to property developers as he had told the plaintiff they would be.
[1]The total of the funds advanced by way of loan to the defendant was $1,170,000, of which only $90,000 had been repaid.
In December 2019 I granted summary judgment in favour of the plaintiff in respect of the Loan Advances, interest, and costs. See Koulouris v Haidaris (No 2) (Koulouris No 2).[2]
[2][2019] VSC 806.
Prior to seeking summary judgment the plaintiff filed and served a summons,[3] which sought an order that the defendant be punished for contempt of court pursuant to r 75.11 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) (Rules). Timetabling directions were made, but the hearing of the application was deferred pending the completion of other steps in the proceeding, including the hearing and determination of the plaintiff’s summary judgment application.
[3]Filed 17 September 2019.
The Affidavit Order was recorded in paragraph 3 of orders made by Robson J on 11 April 2019 (11 April Orders) as follows:
The defendant shall file and serve an affidavit in compliance with paragraph 8.1 of the interim freezing order, on or by 4.00 pm on 25 April 2019.
Paragraph 1 of the 11 April Orders addressed the making of the interim freezing order in the following terms:
The Court makes an interim freezing order in the form attached…
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- Case
- [2020] VSC 240
- Decision Date
CaseChat Overview and Summary
The court considered the principles relevant to civil contempt, particularly focusing on the defendant's wilful disregard of the court's orders. Given that the defendant admitted to the contempt and was already bankrupt, the court had to determine an appropriate penalty. The court recognised that the primary purpose of a fine in such circumstances is to ensure compliance with court orders rather than to punish the contemnor. After evaluating the defendant's financial situation and the need for deterrence, the court imposed a fine and made a declaration of contempt.
The court's decision concluded with an order for the defendant to pay a fine of $5,000 within 28 days and a declaration that the defendant was in contempt of court for failing to comply with the freezing order. This ruling underscored the importance of adhering to court orders and the consequences of non-compliance, particularly in cases involving bankruptcy and asset disclosure.
Orders
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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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