FULCHER v FULCHER

The parties were involved in divorce proceedings where spousal support and property division were in issue. The Applicant applied to find the Respondent in contempt for failing to disclose business records of the company he operated during the marriage. The Applicant argued that these business records were material to a decision on, and allocation of spousal support and property division.

On the authority of Rule 10.52, Bokenfohr J. held that there were three elements required to establish civil contempt: (i) that there was a clear order given; (ii) that the party who breached the order had actual knowledge of it; and (iii) that the party intentionally failed to do what the order compelled. The Court held that the third element simply required disobedience itself and not an intent to disobey.

Justice Bokenfohr found that, as a Director, the Respondent had access to financial and other corporate records of the company when the disclosure was ordered, and in failing to produce these records, he violated the Court’s Order. This established the offence of contempt.