Dear all
I wonder if anyone can point me to authorities on whether and in what
circumstances a transaction entered into by the unsuccessful
Defendants in litigation after judgment against them has been given
but before the result of that judgment has been formalized in a Court
order may amount to contempt if it:
1. Involves a transfer or disposition of the property which the
unsuccessful Defendants are required to transfer to the Plaintiff on
foot of the judgment (with the order to give effect to that judgment
merely requiring formalization); or
2. Is such as will render the property to be transferred much less valuable.
By way of example of point 2, suppose a case in which the Plaintiff
sought specific performance of a contract for the transfer of shares
and was successful. After judgment had been given but before the
perfection of the Court order, the Defendants (with knowledge of the
judgment) cause the company in question to issue new shares, thereby
rendering the fruits of the judgment much less valuable than they
would otherwise have been.
As I say, any authorities on this welcome. As at present advised, it
seems to me that conduct of this kind might amount to interference in
the administration of justice but that may not be so?
Kind regards
Ger