LaserBond Limited v Hooper

Case [2025] NSWSC 442


Supreme Court


New South Wales

Medium Neutral Citation: LaserBond Limited v Hooper [2025] NSWSC 442
Hearing dates: 16 April 2025
Date of orders: 8 May 2025
Decision date: 08 May 2025
Jurisdiction:Equity
Before: Hmelnitsky J
Decision:

See [77]

Catchwords:

CONTEMPT — Civil contempt — Breach of undertakings – Where parties entered into binding heads of agreement – Where interlocutory undertakings provided to court never discharged – Whether contempt could be found where undertakings given under heads of agreement overlapped with earlier undertakings given to court

CONTEMPT — Civil contempt – No appearance by alleged contemnor at hearing

CIVIL PROCEDURE – Settlement – Orders under s 73 of the Civil Procedure Act 2005 (NSW) to give effect to a settlement between the parties

Legislation Cited:

Civil Procedure Act 2005 (NSW) s 73

Cases Cited:

Alexander v Crawford [2003] NSWSC 426

Attorney-General for New South Wales v Hayden (1994) 34 NSWLR 638

Attorney-General v Times Newspapers Ltd [1992] 1 AC 191

Australian Consolidated Press v Morgan (1965) 112 CLR 483; [1965] HCA 21

Doyle v Commonwealth (1985) 156 CLR 510; [1985] HCA 46

Duncan-Strelec v Tate [2008] NSWSC 1145

Gilbert v Gilbert [1955] St R Qd 245

Gonzales v State Coroner of New South Wales (No 2) [2018] NSWSC 1093

Gorczynski v Bendigo and Adelaide Bank Ltd [2016] NSWCA 170

In Re Clements (1877) 46 LJ Ch 375

In the matter of Jimmy’s Recipe Pty Ltd [2020] NSWSC 93

Markisic v Commonwealth of Australia (2007) 69 NSWLR 737; [2007] NSWCA 92

Melksham v Fraser Island Barge Transport Pty Ltd [2003] 1 Qd R 520; [2002] QCA 218

Novelly v Tamqia Pty Ltd [2024] NSWCA 167

Orleans Investments Pty Ltd v MindShare Communications Ltd (2009) 254 ALR 81; [2009] NSWCA 40

Prothonotary of the Supreme Court of New South Wales v Jarvie [2016] NSWSC 1343

Re Group Pty Ltd v Kazal [2017] FCA 1084

Registrar, Court of Appeal v Ritter (1985) 34 NSWLR 641

Ronowska v Kus (No 2) [2012] NSWSC 817

Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3

Yu v Yu [2020] NSWSC 1904

Texts Cited:

Professor David Rolph, Contempt (2023, The Federation Press)

Category:Consequential orders
Parties: LaserBond Limited ACN 057 636 692 (Plaintiff/Applicant)
Gregory John Hooper (Defendant/Respondent)
Representation:

Counsel:
N Furlan (Plaintiff/Applicant)

Solicitors:
HWL Ebsworth Lawyers (Plaintiff/Applicant)
BlackBay Lawyers (Defendant/Respondent)
File Number(s): 2023/470241
Publication restriction: Nil

JUDGMENT

  1. The defendant, Mr Hooper, was one of the founders and is a former director of the plaintiff (LaserBond). In the latter half of 2023, Mr Hooper seems to have waged a campaign of disparagement against LaserBond and its current management on a social media site for investors. LaserBond commenced these proceedings by Summons in late December 2023. It filed a statement of claim in February 2024 whereby it sought relief under the Australian Consumer Law and in injurious falsehood against Mr Hooper. It also sought urgent interlocutory injunctive relief pending final determination of the proceedings.

  2. On 3 January 2024, the application for urgent interlocutory…

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Details
AGLC
LaserBond Limited v Hooper [2025] NSWSC 442
Case
[2025] NSWSC 442
Decision Date

CaseChat Overview and Summary

The matter before the court was an application by LaserBond Limited against Mr Hooper, where the primary issue was whether Mr Hooper had breached certain undertakings he had given. The dispute arose from a series of agreements between the parties, including binding heads of agreement and specific undertakings provided to the court. The case was heard in the Supreme Court of New South Wales.

The court had to determine whether Mr Hooper was in contempt of court due to his failure to comply with the undertakings he had provided. The legal question centred on whether the contempt could be found given that the undertakings under the heads of agreement overlapped with earlier undertakings given to the court. Additionally, the court considered whether the absence of Mr Hooper at the hearing affected the proceedings.

In its reasoning, the court noted that the undertakings given by Mr Hooper had not been discharged, and his non-appearance at the hearing did not prevent the court from making findings of contempt. The court found that Mr Hooper was indeed in contempt due to his failure to adhere to the binding nature of the undertakings. Given the overlap between the heads of agreement and the court's undertakings, the court held that Mr Hooper's breaches were clear and constituted contempt. The court also emphasised the importance of adhering to court-imposed undertakings, even when they overlap with contractual obligations.

The final orders included a declaration that Mr Hooper was in contempt of court and that he should comply with the original undertakings. The court also ordered that specific steps be taken to ensure future compliance with any similar obligations.

Orders

Orders of the court

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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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