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Judgment debtor compelled to answer relevant financial questions but not produce non‑party account records.
Following a jury verdict awarding damages for defamation, the judgment creditor examined the debtor in aid of execution and brought a motion to compel answers to refusals and undertakings concerning the debtor’s financial affairs.
Many questions sought information relating to the bank accounts and financial affairs of the debtor’s companion, a non‑party.
The court held that absent evidence of fraudulent conveyance or authority over the non‑party’s accounts, it would be inappropriate to compel production of her financial information.
However, the debtor was required to disclose information directly within his knowledge or control, including particulars of transfers of funds, credit card information in his name, client identities relevant to potential income, and details of his travel.
The motion was granted in part and dismissed in part, with compliance required within sixty days.
Defendant sentenced to 90-day conditional sentence and substantial indemnity costs for civil contempt breaching defamation injunction.
The plaintiff successfully sued the defendant for defamation and obtained an injunction prohibiting the defendant from communicating about him.
The defendant breached the injunction by communicating with a Member of Parliament, claiming it was an act of conscience, and was found in civil contempt.
The court sentenced the defendant to a 90-day conditional sentence with house arrest, followed by 18 months' probation and 200 hours of community service, finding that jail was not necessary.
The defendant was also ordered to pay substantial indemnity costs of $24,377.41.
