The Owners of the Wills Building Strata Plan 38579 v Coleman

The Owners of the Wills Building Strata Plan 38579 brought an application against Coleman in the Supreme Court of New South Wales, seeking to enforce orders made by the Strata Titles Division of the court. The dispute centred around Coleman's failure to comply with specific Strata Schemes Act (SAT) orders that required him to vacate the premises and pay outstanding levies. The Owners claimed that Coleman's non-compliance amounted to contempt of court and sought various penalties, including an order for indemnity costs.

The court had to decide whether Coleman's conduct constituted contempt by breach of court orders, whether he was contumacious, and if so, what the appropriate penalty should be. Additionally, the court needed to determine whether the Owners were entitled to indemnity costs and, if so, the amount to be awarded.

The court held that Coleman's conduct did amount to contempt by breach of the SAT orders. It found that Coleman was contumacious, as he deliberately failed to comply with the orders. In determining the penalty, the court considered the nature and seriousness of the breach, Coleman's conduct, and the public interest in enforcing court orders. The court imposed a penalty that included a fine and a direction that Coleman vacate the premises within a specified time. The court also found that the Owners were entitled to indemnity costs, which were assessed and ordered to be paid by Coleman.

The court's final orders included a declaration of contempt, a fine, a direction for Coleman to vacate the premises, and an order for indemnity costs.