Cluny & Skinner Case Note (2019)
There are a series of 2019 decisions in a matter of Cluny & Skinner.
In the period from 1 August to 23 August, Kent J has provided three Judgments that are of assistance to parties considering the consequences of a failure to comply with judicial authority.
The court considered the application of s.112AK, which is the statutory provision that deals with the variation and discharge of orders made under s.112AD.
His Honour said:
I have not identified any authoritative judicial pronouncements upon the interpretation or operation of that section…I would adopt the approach that the power conferred by s.112AK must be exercised judicially with the relevant criteria being the justice of the case. In other words, there must be some feature of the case which renders it necessary in the interests of justice, for an order under s.112AD to be varied or discharged.
Later in the Judgment, his Honour said:
The position has now been reached in this case in my judgment that the vindication of judicial authority must be given appropriate emphasis.
The decision is of assistance to practitioners in determining some circumstances in which the court will decline to vary such an order.