NHB Enterprises Pty Ltd v Corry

NHB Enterprises Pty Ltd took proceedings against Corry regarding a settlement agreement which included a release of claims made in those proceedings. Corry was later alleged to have breached orders that formed part of the settlement agreement. NHB Enterprises sought to bring contempt proceedings against Corry, claiming he had breached the settlement agreement. The court was required to determine whether the parties could prevent the bringing of contempt proceedings through the settlement agreement, if contempt proceedings amounted to a breach of the settlement agreement that could be restrained by injunction, and whether the Supreme Court Act (1970) NSW, section 61, was an appropriate basis for the application.

The court found that the settlement agreement did not prevent the bringing of contempt proceedings. It held that contempt proceedings do not amount to a breach of the settlement agreement and cannot be restrained by injunction. The court also ruled that section 61 of the Supreme Court Act (1970) NSW was not an appropriate basis for the application, as it was intended to address breaches of court orders, not settlement agreements.

The court dismissed the application, finding that the settlement agreement did not have the effect of preventing contempt proceedings and that section 61 of the Supreme Court Act (1970) NSW was not the appropriate legal basis for the application. The court emphasised that contempt proceedings are a separate legal process that can be brought to enforce court orders, and that such proceedings are not considered a breach of a settlement agreement.