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High Court refuses to fine a displaced liquidator for his failure to comply with a court order requiring him to hand over company books and records to his replacement by a specific date, on the grounds that, having given up possession of the relevant material late, he is no longer in breach of its substantive requirement; and, bearing in mind that the focus of civil contempt applications is to ensure compliance with orders of court, further intervention marking the court's disapproval should only occur where there is behaviour that is threatening to the court or amounts to a serious challenge to it.
High Court - order made requiring deposed liquidator to hand over, inter alia, books and records of company be specified date - deposed liquidator refused to hand over books and records to new liquidator pending an appeal to Court of Appeal - application brought to attach and commit deposed liquidator - prior to hearing of attachment and committal application deposed liquidator handed over material in question - new liquidator asks that the deposed liquidator be found in contempt for his failure to deliver the books and records on time - also asks that, as a mark of the court's disapproval he be fined - court refuses to find the deposed liquidator in contempt on basis that the focus of civil contempt is ensuring compliance with orders of court - substance of order is complied with - court refuses to make order - court will hear submissions on costs.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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