Leng and Lau & Anor

In the matter of *Leng and Lau & Anor*, the wife brought a contravention application against the second respondent, Mr Headon. The dispute concerned Mr Headon's alleged breaches of court orders, specifically his entry onto business premises occupied by the wife, his retention of business items, and his signing of documents on behalf of the company operating the business. The proceedings were heard by Rees J in the Family Court of Australia.

The court was required to determine whether the second respondent had contravened the existing orders and, if so, whether he had a reasonable excuse for his actions. Furthermore, the court had to consider the wife's application for indemnity costs, assessing whether the circumstances of the contraventions justified such an order, and also determine the quantum of various costs and expenses to be paid by the second respondent.

Rees J found that the second respondent had intentionally failed to comply with the court's orders, noting that his contraventions were deliberate and flagrant, with no evidence of a reasonable excuse. The court reasoned that the wife's proceedings were necessitated by the second respondent's breaches, which constituted exceptional circumstances justifying an order for indemnity costs. The court also ordered the second respondent to reimburse the wife for expenses incurred in rectifying damage to the business premises and in relation to his unsuccessful objection to a subpoena.

Consequently, the court ordered that Mr Headon be restrained from entering or approaching within 500 metres of the specified business property. Mr Headon was also ordered to pay the wife a total of $41,225 within one month, comprising costs for the contravention application, costs related to a prior application, costs associated with the subpoena and objection, and expenses for securing the business premises.