Event and Time
Event Description
In a contempt of court proceeding, Dr. Elie Khoury and his partner, Jessica Nowell, were found in contempt for breaching a Harman undertaking by disclosing information produced under compulsion of a subpoena. The court addressed two applications from Dr. Jeremy Kolt and Dr. David Kirwan regarding the contempt.
Application and Claims
- Plaintiff's Claims: Dr. Kolt, as the plaintiff, sought a declaration and penalties against Khoury and Nowell for their breach of the Harman undertaking. Additionally, he claimed costs for responding to the contempt applications.
- Defendants' Position: Khoury acknowledged his breach but claimed it was motivated by the intent to address his grievances with Kolt rather than to intimidate him. Nowell's involvement was characterized as less culpable, as her actions were directed by Khoury.
Judicial Decisions
- The court formally declared Khoury and Nowell in contempt and fined Khoury $5,000 while imposing no fine on Nowell.
- Costs incurred by Kolt in response to the notice to show cause and those related to the contempt applications were ordered to be paid by Khoury and Nowell, with specific assessments based on indemnity and standard bases.
Dispute Points and Legal Basis
Dispute Points
- Khoury’s Claim: He admitted fault but contended that his motivation was to vindicate his previous complaints rather than to intimidate Kolt. He denied any specific intent to defy the court's authority.
- Nowell’s Defense: Nowell argued that her actions were not deliberate, asserting ignorance of the implications of the Harman undertaking, which made her contempt less severe.
- Kolt and Kirwan's Argument: They argued that the alleged contempt had a serious impact on the administration of justice and sought substantial costs for their legal actions against Khoury and Nowell.