Stoffels v Piper (No 2) - [2024] NFSC 4

SUPREME COURT OF NORFOLK ISLAND
Stoffels v Piper (No 2) [2024] NFSC 4

File number(s): SC 1 of 2023

Judgment of: WIGNEY J

Date of judgment: 3 June 2024

Date of publication of reasons: 6 June 2024

Catchwords:
PRACTICE AND PROCEDURE – enforcement of court order – order for seizure and detention of property

CONTEMPT OF COURT – failure to comply with court order – sentenced for contempt – punishment for contempt deferred

Legislation:
Crimes (Sentencing) Act 2005 (ACT)

Partition Act 1900 (NSW)

Supreme Court Act 1960 (NI) s 5(2)(b)

Court Procedures Rules 2006 (ACT) rr 2442, 2446, 2470, 2471, 2500, 2501, 2506

Cases cited:
Stoffels v Piper [2024] NFSC 2

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

Number of paragraphs: 51

Date of hearing: 3 June 2024

Solicitor for the Plaintiff: J Brown of McIntyres Lawyers

Counsel for the Defendant: The Defendant appeared in person

ORDERS

SC 1 of 2023

BETWEEN:
ERIKA LEE STOFFELS

Plaintiff

AND:
ANDREW HARRY PIPER

Defendant

ORDER MADE BY:

WIGNEY J

DATE OF ORDER:

3 JUNE 2024

THE COURT ORDERS THAT:
1.Orders 2 and 3 of the orders made by Wigney J on 13 May 2024 be varied nunc pro tunc by deleting the words “17 May 2024” and inserting the words “22 May 2024”.
2.An order for seizure and detention of property be made pursuant to rr 2442 and 2470 of the Court Procedures Rules 2006 (ACT), in the form annexed to these orders, in respect of 65 Captain Quintal Drive, Norfolk Island, in execution of order 9 of the orders made by Wigney J on 30 January 2024, as varied by order 1 of the orders made by Wigney J on 13 May 2024.
3.The defendant, Mr Andrew Harry Piper, be convicted of contempt for failing to comply with order 9 of the orders made by Wigney J on 30 January 2024, as varied by order 1 of the orders made by Wigney J on 13 May 2024.
4.The punishment, if any, of the defendant, Mr Andrew Harry Piper, for the contempt referred to in order 3 be deferred to 24 June 2024 at 10.15am AEST (11.15am Norfolk Island Time).
5.The defendant file and serve any evidence on which he wishes to rely and any submissions in respect of punishment, if any, of him for contempt on or before 17 June 2024.
6.The plaintiff file and serve any evidence on which she wishes to rely and any submissions in respect of punishment, if any, of the defendant for contempt on or before 20 June 2024.
7.The proceeding be listed for hearing on 24 June 2024 at 10.15am AEST (11.15am Norfolk Island Time).

REASONS FOR JUDGMENT
(Revised from transcript)
WIGNEY J:

On 30 January 2024, I delivered a judgment and made orders pursuant to the Partition Act 1900 (NSW), as it applies in Norfolk Island, which provided for the sale of a property on Norfolk Island (the Property) which was jointly owned by the plaintiff, Ms Erika…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Stoffels v Piper (No 2)

Details

AGLC: Stoffels v Piper (No 2) [2024] NFSC 4
Case: [2024] NFSC 4
Decision Date: 3 June 2024

CaseChat Overview and Summary

In the case of Stoffels v Piper (No 2), the Australian court addressed the enforcement of a court order related to the seizure and detention of property. The plaintiff, Stoffels, sought to enforce an earlier court order, issued by Wigney J, which required the defendant, Piper, to comply with certain conditions regarding property at 65 Captain Quintal Drive, Norfolk Island. The court was tasked with determining whether to enforce the existing order and to address Piper’s failure to comply, which led to a charge of contempt.

The primary legal issues before the court were whether to amend the existing court orders to reflect new deadlines and whether to enforce the order for seizure and detention of property. Additionally, the court had to decide whether Piper’s non-compliance constituted contempt and what, if any, punishment should be imposed. The court considered the implications of the defendant's failure to comply with the original court order, which had been previously varied, and the necessity of enforcing the order to ensure justice was served.

The court ruled that the existing orders should be amended to reflect new deadlines, with specific changes to the dates set out in Orders 2 and 3. Furthermore, the court issued an order for the seizure and detention of the specified property to execute the previous court order. In addressing the contempt charge, the court found Piper guilty of failing to comply with the amended order but deferred the determination of any punishment until a later date. The court scheduled a hearing for 24 June 2024 to consider the appropriate punishment for the contempt. Both parties were required to submit any relevant evidence and submissions regarding the punishment by specified dates prior to the hearing.

In conclusion, the court made several orders, including the variation of previous orders, the enforcement of the seizure and detention order, and the conviction of Piper for contempt with the punishment deferred. The court set a timeline for the submission of evidence and submissions from both parties and scheduled a hearing to determine the appropriate punishment for the defendant's contempt.

Orders

Orders of the court

1. Orders 2 and 3 of the orders made by Wigney J on 13 May 2024 be varied nunc pro tunc by deleting the words “17 May 2024” and inserting the words “22 May 2024”.

2. An order for seizure and detention of property be made pursuant to rr 2442 and 2470 of the Court Procedures Rules 2006 (ACT), in the form annexed to these orders, in respect of 65 Captain Quintal Drive, Norfolk Island, in execution of order 9 of the orders made by Wigney J on 30 January 2024, as varied by order 1 of the orders made by Wigney J on 13 May 2024.

3. The defendant, Mr Andrew Harry Piper, be convicted of contempt for failing to comply with order 9 of the orders made by Wigney J on 30 January 2024, as varied by order 1 of the orders made by Wigney J on 13 May 2024.

4. The punishment, if any, of the defendant, Mr Andrew Harry Piper, for the contempt referred to in order 3 be deferred to 24 June 2024 at 10.15am AEST (11.15am Norfolk Island Time).

5. The defendant file and serve any evidence on which he wishes to rely and any submissions in respect of punishment, if any, of him for contempt on or before 17 June 2024.

6. The plaintiff file and serve any evidence on which she wishes to rely and any submissions in respect of punishment, if any, of the defendant for contempt on or before 20 June 2024.

7. The proceeding be listed for hearing on 24 June 2024 at 10.15am AEST (11.15am Norfolk Island Time).

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	SC 1 of 2023
Judgment of:	WIGNEY J
Date of judgment:	3 June 2024
Date of publication of reasons:	6 June 2024
Catchwords:	PRACTICE AND PROCEDURE – enforcement of court order – order for seizure and detention of property CONTEMPT OF COURT – failure to comply with court order – sentenced for contempt – punishment for contempt deferred
Legislation:	Crimes (Sentencing) Act 2005 (ACT) Partition Act 1900 (NSW) Supreme Court Act 1960 (NI) s 5(2)(b) Court Procedures Rules 2006 (ACT) rr 2442, 2446, 2470, 2471, 2500, 2501, 2506
Cases cited:	Stoffels v Piper [2024] NFSC 2 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3
Number of paragraphs:	51
Date of hearing:	3 June 2024
Solicitor for the Plaintiff:	J Brown of McIntyres Lawyers
Counsel for the Defendant:	The Defendant appeared in person

ORDER MADE BY:	WIGNEY J
DATE OF ORDER:	3 JUNE 2024