Brookfield Multiplex FSH Contractor Pty Ltd v McDonald [2013] FCA 1380

Brookfield Multiplex FSH Contractor Pty Ltd v McDonald [2013] FCA 1380

A penalty of $40,000 should be imposed on McDonald for contempt of court, reflecting the seriousness of his breach, pattern of prior disregard for court orders, and the need for specific and general deterrence. The penalty is not to be paid to the applicants but into the Consolidated Revenue Fund, and McDonald is to pay the applicants' indemnity costs for the penalty hearing.

Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Civil Contempt Application / Penalty Judgment After Admission of Liability
Outcome
Penalty of $40,000 imposed on first respondent (McDonald) to be paid into the Consolidated Revenue Fund; first respondent to pay applicants' indemnity costs of penalty hearing.
Legal Topics
['civil Contempt' 'penalty Assessment' 'injunction Breach' 'specific and General Deterrence' 'costs Orders']
['contempt of Court' 'employment Law'] ['civil Contempt' 'penalty Assessment' 'injunction Breach' 'specific and General Deterrence' 'costs Orders']

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Procedural Posture

Civil Contempt Application / Penalty Judgment After Admission of Liability

Legal Issues

  1. 1 ['Assessment of penalty for civil contempt after breach of an injunctive order' 'Whether penalty should be paid to applicants or into the Consolidated Revenue Fund' 'Factors relevant to penalty in contempt proceedings']

Ratio Decidendi

A penalty of $40,000 should be imposed on McDonald for contempt of court, reflecting the seriousness of his breach, pattern of prior disregard for court orders, and the need for specific and general deterrence. The penalty is not to be paid to the applicants but into the Consolidated Revenue Fund, and McDonald is to pay the applicants' indemnity costs for the penalty hearing.

Court Disposition

Penalty of $40,000 imposed on first respondent (McDonald) to be paid into the Consolidated Revenue Fund; first respondent to pay applicants' indemnity costs of penalty hearing.

Orders

  • ['A penalty of $40,000 be imposed on the first respondent.' 'The penalty imposed in paragraph 1 be paid into the Consolidated Revenue Fund within 60 days of these orders.' "The first respondent pay the applicants' costs of the penalty hearing on an indemnity basis to be taxed if not agreed."]