Australian Prudential Regulation Authority v Siminton (No 11) [2007] FCA 1815

Australian Prudential Regulation Authority v Siminton (No 11) [2007] FCA 1815

Because Mr Siminton wilfully failed to pay at least part of the $50,000 fine imposed by the Full Court despite having financial capacity to do so, and because the contempt was very serious, involved deliberate disobedience, was accompanied by no apology, remorse or attempt to purge the contempt, and there was no adequate evidence of his personal and financial circumstances, the appropriate penalty was imprisonment for four months and an order that he pay the District Registrar's costs on a solicitor-client basis.

Jurisdiction
Australia
Judgment Date
28 November 2007
Procedural Posture
Contempt / Penalty Hearing
Outcome
Respondent declared guilty of contempt and committed to prison for four months; costs ordered on a solicitor-client basis; warrant to lie on the Court file until further order, with interim travel and reporting conditions pending any appeal or further order.
Legal Topics
['penalty for Contempt' 'failure to Pay Court Imposed Fine' 'wilful Disobedience of Court Order' 'imprisonment for Contempt' 'costs on Solicitor Client Basis']
['contempt of Court'] ['penalty for Contempt' 'failure to Pay Court Imposed Fine' 'wilful Disobedience of Court Order' 'imprisonment for Contempt' 'costs on Solicitor Client Basis']

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Procedural Posture

Contempt / Penalty Hearing

Legal Issues

  1. 1 ["What penalty should be imposed for the respondent's contempt constituted by wilful failure to pay the fine imposed by the Full Court." 'Whether the contempt was sufficiently serious to warrant imprisonment rather than another penalty.' "Whether the respondent should pay the District Registrar's costs on a solicitor-client basis." 'Whether the warrant for committal should lie on the Court file pending any appeal or further order.']

Ratio Decidendi

Because Mr Siminton wilfully failed to pay at least part of the $50,000 fine imposed by the Full Court despite having financial capacity to do so, and because the contempt was very serious, involved deliberate disobedience, was accompanied by no apology, remorse or attempt to purge the contempt, and there was no adequate evidence of his personal and financial circumstances, the appropriate penalty was imprisonment for four months and an order that he pay the District Registrar's costs on a solicitor-client basis.

Court Disposition

Respondent declared guilty of contempt and committed to prison for four months; costs ordered on a solicitor-client basis; warrant to lie on the Court file until further order, with interim travel and reporting conditions pending any appeal or further order.

Orders

  • ['It be declared that the respondent is guilty of contempt by reason of his failure to pay the fine imposed on him by the Full Court by order dated 19 July 2006.' 'The respondent be committed to prison for a period of four months.' 'A warrant issue for the committal of the respondent to prison for a period of four...