Pico Holdings Inc v Voss

The case of Pico Holdings Inc v Voss involves a dispute between a creditor and a debtor, with the creditor seeking enforcement of a Mareva injunction against the debtor. The case was heard in the Federal Court of Australia. The central issue before the court was whether the defendant had breached the terms of the Mareva injunction in a serious, defiant, and contumacious manner, and if so, what the appropriate penalty would be.

The court had to determine the nature and extent of the breach of the Mareva injunction by the defendant. The Mareva injunction, named after a previous case, is an order that prevents a defendant from disposing of assets within or outside the jurisdiction of the court, to ensure that the defendant's assets are available to satisfy a judgment debt if the plaintiff is successful in their claim. The court had to consider whether the defendant's actions constituted a serious, defiant, and contumacious breach of the injunction, which would warrant a penalty for contempt of court.

In determining the appropriate penalty, the court considered the defendant's plea of guilty and the fact that they had made admissions that amounted to a serious breach of the injunction. The court found that the defendant's conduct was indeed serious, defiant, and contumacious, and imposed a fine on the defendant. Additionally, the court awarded solicitor-client costs to the plaintiff, as the defendant's conduct warranted such an award. The court did not make any further orders.