Guoao Holding Group Co Ltd v Xue (Sentencing) [2024] FCA 1503

Guoao Holding Group Co Ltd v Xue (Sentencing) [2024] FCA 1503

A three-month custodial sentence should be imposed for serious, deliberate, and contumacious criminal contempt of freezing orders, wholly suspended on condition that the first respondent pays the Registrar's costs by a specified date, as this reflects specific and general deterrence, credits the payment of debt and costs, and accounts for absence of contrition. Suspension is appropriate due to significant mitigating factors and because actual imprisonment is a last resort.

Parties
First Applicant: Guoao Holding Group Co Ltd; Second Applicant: Registrar of the Federal Court of Australia; First Respondent: Lijuan Xue; Second Respondent: Tredmore Pty Ltd; Third Respondent: Juying Xue
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Contempt of Court (criminal and Civil) / Sentencing
Outcome
Custodial sentence imposed, wholly suspended on condition; costs orders made.
Legal Topics
Freezing Orders, Penalty Hearing, Suspended Sentence
Contempt of Court Commercial Law Arbitration Freezing Orders Penalty Hearing Suspended Sentence

Case Brief

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Parties

Guoao Holding Group Co Ltd

First Applicant

Registrar of the Federal Court of Australia

Second Applicant

Lijuan Xue

First Respondent

Tredmore Pty Ltd

Second Respondent

Juying Xue

Third Respondent

Procedural Posture

Contempt of Court (criminal and Civil) / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the first respondent's criminal and civil contempt by breach of freezing orders?
  2. 2 How should mitigating and aggravating factors be weighed in determining penalty for contempt of court?

Ratio Decidendi

A three-month custodial sentence should be imposed for serious, deliberate, and contumacious criminal contempt of freezing orders, wholly suspended on condition that the first respondent pays the Registrar's costs by a specified date, as this reflects specific and general deterrence, credits the payment of debt and costs, and accounts for absence of contrition. Suspension is appropriate due to significant mitigating factors and because actual imprisonment is a last resort.

Court Disposition

Custodial sentence imposed, wholly suspended on condition; costs orders made.

Orders

  • The first respondent, Lijuan Xue, is sentenced for her criminal and civil contempt to three months' imprisonment wholly suspended on condition that she pays the costs of the second applicant within 28 days of notification, failing which a warrant for committal to prison may issue on application of the second applicant.
  • The first respondent must pay the second applicant's costs of the proceeding on an indemnity basis.