QLDQCA
Melksham & Anor v Fraser Island Barge Transport P/L & Anor [2002] QCA 218
[2002] QCA 218
Court of Appeal (Qld)|2002-06-21|Before: McMurdo P, Williams JA and Mackenzie J Separate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-06-21
Before
McMurdo P, Williams JA and Mackenzie J Separate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
Catchwords
- PROCEDURE – CONTEMPT, ATTACHMENT AND SEQUESTRATION – CONTEMPT
- – WHAT CONSTITUTES – ATTACHMENT AND COMMITTAL
- – AS A METHOD OF
- ENFORCING ORDERS OF THE COURT – THE APPLICATION – DEFENCES –
Source
Original judgment source is linked above.
Catchwords
PROCEDURE – CONTEMPT, ATTACHMENT AND SEQUESTRATION – CONTEMPT– WHAT CONSTITUTES – ATTACHMENT AND COMMITTAL– AS A METHOD OFENFORCING ORDERS OF THE COURT – THE APPLICATION – DEFENCES –appeal from an order dismissingan application for contempt of court for breachof a court order that restrained the respondents from entering specified beachzoneson which vehicular ferries land - where an agreement by the parties wasmade subsequent to and which varied the original court order–consideration of authorities as to whether the order had been superseded by theagreement such that the order no longer hadany force – consideration ofthe relevance of saving rights and obligations under the order - where a companyassociated withthe appellants also was a party to the agreement but not to theorder – whether the addition of that company brought the agreementoutsidethe scope of the original proceedings and thus impacted on the enforceability of