Hall spared of jail time for contempt
Bankrupt lawyer Julian Hall avoided being sent to prison after Puisne Judge Carlisle Greaves ruled he did not deliberately fail to comply with a court order.
However, Mr. Justice Greaves criticised Mr. Hall's "obvious bad behaviour" in his slowness to disclose his finances in his long-running bankruptcy case — and said he appeared to be either arrogant or motivated by disregard for the court.
The Official Receiver's lawyer Kulandra Ratneser, who has accused Mr. Hall of living a champagne lifestyle without making every effort to pay his creditors, had called for him to be jailed for contempt of court after missing a deadline to answer questions about his finances.
In his ruling yesterday, Mr. Justice Greaves said Mr. Hall could only have been in contempt of court if he had wilfully disobeyed the court.
The judge stated: "In this instance despite the obvious bad behaviour or the bankrupt the court finds it difficult to conclusively find that his failure was wilful.
"He has given some reasons which the court with some reservation has decided to accept.
"The period of delay on this instance, though substantial, is when compared with the history of this matter relatively short.
"The fact is: he has now filed the answers and, in the interest of justice, the court can see no useful purpose in refusing them at this point."
Mr. Justice Greaves said Mr. Hall had been required to answer pretty numerous questions spanning a fairly long period of time — which could explain why his response on October 28 was 48 days late.
But the judge said: "Some of the reasons given for his tardiness at best appear to be either arrogant or motivated by some disregard for the serious authority of the court.
"His tardiness on this occasion appears to be consistent with that exhibited by him over the years — always making promises or seeking extensions but either not complying or complying at later stages, submits counsel for the receiver.
"It may be difficult to disagree with these submissions.
"In this instance he did inform the Official Receiver about the 17th September of his desire for additional time, whereupon the Official Receiver indicated that he would agree providing the appropriate application was approved by the court.
"Time passed and he never applied until apparently spurred by the Receiver's application."
Asked last night whether at any stage he thought he might be sent to prison, Mr. Hall told The Royal Gazette: "I certainly at no stage thought I should be. One is never confident of the outcome of mitigation."
Mr. Hall said it was not for him to say why Mr. Justice Greaves referred to him as either arrogant or motivated by disregard for the court.
He added: "All I can say is that in the fullness of time when this thing finally gets heard, both sides, me and the Official Receiver, have had their stories attested and cross-examined, then all of these preliminary conclusions will either stand up or fall down.
"I'll talk until I'm blue in the face about the case. I have spent the entire year trying to get this hearing."
Mr. Hall was adjudged bankrupt in January 2000. He currently owes more than $3 million including interest to his creditors, including $1.7 million to elderly widow Betty McMahon.
His bankruptcy means he is unable to practise at the Bar, which he claims in turn means he is unable to work as a barrister to pay off his debts.
He hopes the case will see his bankruptcy discharged.
