Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd (No 2)

Reliance Financial Services, the plaintiff, brought proceedings against Allyma Express Holdings, the defendant, alleging contempt of court. The plaintiff sought an order for the defendant to deliver up vehicles that were subject to a court order. The case was heard in the Federal Court of Australia. The court was required to determine whether the mere non-compliance with a court order to deliver up vehicles was sufficient to constitute criminal contempt or whether there was a requirement to prove the wilfulness of the non-compliance.

The court held that to establish contempt of court, it was necessary to prove that the defendant had acted wilfully in failing to comply with the court order. The court found that the mere fact of non-compliance with a court order was not sufficient to constitute contempt. The court emphasised that for a contempt finding, the defendant's non-compliance must be wilful and there must be an intention to defy the court's authority. The court further held that the plaintiff must prove that the defendant had the ability to comply with the order but chose not to do so.

The court found that the plaintiff had not proven that the defendant had acted wilfully in failing to comply with the court order. The court held that the evidence did not establish that the defendant had the ability to comply with the order but chose not to do so. The court dismissed the plaintiff's application for contempt. No orders were made by the court as the application was dismissed.