Australian Securities and Investments Commission v One Tech Media Limited (No 4) [2018] FCA 1533

Australian Securities and Investments Commission v One Tech Media Limited (No 4) [2018] FCA 1533

The agreed penalties were appropriate considering the seriousness and consequences of contempt, offenders’ contrition, their personal circumstances, and principles outlined in Michalik and other authorities.

Jurisdiction
Australia
Judgment Date
11 October 2018
Procedural Posture
Civil Contempt Proceedings / Penalty and Costs Determination After Admissions and Declarations of Liability
Outcome
Fines imposed on fourth, sixth, and ninth defendants; costs orders made as agreed between parties; other costs reserved or not ordered.
Legal Topics
['civil Contempt' 'penalties in Contempt' 'freezing Orders' 'costs Orders']
['contempt of Court' 'corporations Law'] ['civil Contempt' 'penalties in Contempt' 'freezing Orders' 'costs Orders']

Case Brief

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Procedural Posture

Civil Contempt Proceedings / Penalty and Costs Determination After Admissions and Declarations of Liability

Legal Issues

  1. 1 ['What is the appropriate penalty for admitted contempts of court in civil proceedings?' 'What costs orders should be made following admissions of contempt?']

Ratio Decidendi

The agreed penalties were appropriate considering the seriousness and consequences of contempt, offenders’ contrition, their personal circumstances, and principles outlined in Michalik and other authorities.

Court Disposition

Fines imposed on fourth, sixth, and ninth defendants; costs orders made as agreed between parties; other costs reserved or not ordered.

Orders

  • ['The fourth defendant (Eustace Senese) to pay a fine of $40,000 within 90 days.' 'The sixth defendant (Transcomm Global Pty Ltd) to pay a fine of $10,000 within 90 days.' 'The ninth defendant (Cameron David Senese) to pay a fine of $5,000 relating to certain contempts and $5,000 relating to other contempts, within...