JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: WOODS -v- SKYRIDE ENTERPRISES PTY LTD [2012] WASC 4
CORAM: EM HEENAN J
HEARD: 14 DECEMBER 2011
DELIVERED : 14 DECEMBER 2011
PUBLISHED : 6 JANUARY 2012
FILE NO/S: CIV 3040 of 2009
BETWEEN: SANDRA LEE WOODS
First Plaintiff
DIANNE VERONICA HUTCHISON
Second PlaintiffAND
SKYRIDE ENTERPRISES PTY LTD
First DefendantDEAN JOHN CAPELLI
First RespondentDEBORAH WHITING
Second Respondent
Catchwords:
Enforcement of judgments - Corporation - Committal for contempt - Application for sequestration order for corporation - Applications for committal for contempt of directors - Civil Judgments Enforcement Act s 98 - Directions - Filing of witness statements or affidavits - Production of financial records - Privilege of individuals where exposed to penalties - No privilege for corporation - Need for joinder of directors
Legislation:
Civil Judgments Enforcement Act 2004 (WA), s 98
Result:
Order for joinder of directors
Order for filing of witness statements or affidavits and production of documents by corporation
No orders against directors in view of personal privilege
Category: B
Representation:
Counsel:
First Plaintiff : Mr J P Cook
Second Plaintiff : Mr J P Cook
First Defendant : Mr S Van Dongen SC
First Respondent : Mr B J Grubb
Second Respondent : Mr P W Van der Zanden
Solicitors:
First Plaintiff : Mendelawitz Morton
Second Plaintiff : Mendelawitz Morton
First Defendant : Morgan Alteruthemeyer
First Respondent : Metaxas & Hager
Second Respondent : Hotchkin Hanly
Case(s) referred to in judgment(s):
Australian Competition and Consumer Communication v J McPhee and Son (Australia) Pty Ltd (1997) 77 FCR 217
Australian Securities and Investments Commission v Mining Projects Group Ltd (2007) FCA 1620
Davies v Beyond Building Systems Pty Ltd [2009] NSWSC 1282
Environmental Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477
Lewis v Pontypridd, Caerphilly and Newport Railway Co (1895) 11 TLR 203
Pattison v Bell [2007] FCA 137
R v West Australian Newspaper Holdings Ltd; Ex parte Director of Public Prosecutions (WA) (1995) 16 WAR 508
EM HEENAN J: The plaintiffs, Sandra Lee Woods and Dianne Veronica Hutchison, issued a chamber summons on 25 July 2011 seeking orders that the defendant, Skyride Enterprises Pty Ltd, and each of its two officers and directors be declared to be guilty of contempt of court for failure to comply with a judgment in this action entered at the direction of Master Sanderson on 16 March 2010. By this chamber summons, the plaintiffs also seek an order for sequestration against the defendant corporation and orders that both directors, Dean John Capelli and Deborah Jean Whiting, be fined or imprisoned for contempt of court and that all necessary and consequential accounts and inquiries be taken. That summons, returnable today, has been listed for hearing at a special appointment before a judge on 2 February 2012.
The application today has proceeded as a…
Keep reading for free
Create a free CaseChat account to read Woods v Skyride Enterprises Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] WASC 4
- Decision Date
CaseChat Overview and Summary
The court considered the legal principles governing privilege in the context of corporations and their directors. It held that while individuals may claim privilege for communications that could expose them to penalties, the corporation itself could not claim such privilege. This was because the corporation's directors were not subject to personal penalties for the corporation's actions. Furthermore, the court found that the need for joinder of the directors was necessary to enforce the judgment, as the directors were the ones who could be held accountable for the corporation's actions. The court emphasised that the enforcement of judgments required cooperation from the directors, and without their compliance, the enforcement process would be ineffective.
In light of these findings, the court dismissed the application for a sequestration order against the corporation, as the corporation's privilege claims were invalid. However, the court did order the directors to be committed for contempt for failing to comply with the directions to file witness statements and produce financial records. The court stressed the importance of cooperation from the directors in the enforcement of judgments and the necessity of obtaining the relevant financial information to facilitate the enforcement process. The court's decision highlights the distinction between the privilege claims of corporations and their directors and the critical role that directors play in the enforcement of judgments against corporations.
Orders
Orders of the court
Full text does not contain this section.
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.