Australian Prudential Regulation Authority v Siminton (No 7) [2007] FCA 1609

Australian Prudential Regulation Authority v Siminton (No 7) [2007] FCA 1609

Order 1(e) properly applied to all moneys standing to the credit of specified accounts during its currency, including those offshore and in nominee accounts. Mr Siminton's deliberate acts in transferring and dealing with funds through such accounts constituted breaches proven beyond reasonable doubt, thus establishing contempt of court.

Parties
Applicant: Australian Prudential Regulation Authority; Respondent: David Robert Siminton
Jurisdiction
Australia
Judgment Date
07 November 2007
Procedural Posture
Civil Contempt Proceeding / Post Finding, Pre Penalty Hearing
Outcome
Contempt proven beyond reasonable doubt on Charges 1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 1.9 and 1.11; penalty hearing directions issued.
Legal Topics
Injunctions, Breach of Court Orders, Extra Territorial Jurisdiction, Standard of Proof in Contempt, Nominee Accounts, Construction of Court Orders
Banking and Finance Law Contempt of Court Injunctions Breach of Court Orders Extra Territorial Jurisdiction Standard of Proof in Contempt Nominee Accounts Construction of Court Orders

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Parties

Australian Prudential Regulation Authority

Applicant

David Robert Siminton

Respondent

Procedural Posture

Civil Contempt Proceeding / Post Finding, Pre Penalty Hearing

Legal Issues

  1. 1 Whether Mr Siminton breached Order 1(e) made by Gray J on 10 January 2006 by dealing with moneys standing to the credit of specified accounts, including nominee accounts
  2. 2 Whether Order 1(e) was sufficiently clear and unambiguous
  3. 3 Whether Order 1(e) had extra-territorial operation to cover offshore accounts

Ratio Decidendi

Order 1(e) properly applied to all moneys standing to the credit of specified accounts during its currency, including those offshore and in nominee accounts. Mr Siminton's deliberate acts in transferring and dealing with funds through such accounts constituted breaches proven beyond reasonable doubt, thus establishing contempt of court.

Court Disposition

Contempt proven beyond reasonable doubt on Charges 1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 1.9 and 1.11; penalty hearing directions issued.

Orders

  • The hearing of the contempt motion be adjourned to 10:15 am on 15 November 2007.
  • On or before 5:00 pm on 12 November 2007 the respondent file and serve any affidavits and written submissions for penalty hearing.