Strikers Management Pty Ltd Australian Securities Commission v Dimitri [1998] FCA 55

Strikers Management Pty Ltd Australian Securities Commission v Dimitri [1998] FCA 55

The respondent deliberately decided not to return to Australia by the extended date or in the foreseeable future in breach of his undertaking to the Court, and his medical condition did not force that decision. Although he had no prior contempt and his health and current imprisonment were relevant, a further two weeks imprisonment was sufficient to vindicate the law and the authority of the court.

Jurisdiction
Australia
Judgment Date
05 February 1998
Procedural Posture
Motion That the Respondent Be Punished for Contempt / Ex Tempore Reasons for Judgment After Guilty Plea; Penalty Imposed
Outcome
Respondent punished for admitted contempt of court.
Legal Topics
['breach of Undertaking to the Court' 'sentencing for Contempt' 'proof Beyond Reasonable Doubt']
['contempt of Court'] ['breach of Undertaking to the Court' 'sentencing for Contempt' 'proof Beyond Reasonable Doubt']

Case Brief

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Procedural Posture

Motion That the Respondent Be Punished for Contempt / Ex Tempore Reasons for Judgment After Guilty Plea; Penalty Imposed

Legal Issues

  1. 1 ['Whether the respondent was guilty of contempt by failing to return to Australia by 27 March 1997 in breach of an undertaking given to the court and varied by consent.' 'What penalty should be imposed for the admitted contempt.']

Ratio Decidendi

The respondent deliberately decided not to return to Australia by the extended date or in the foreseeable future in breach of his undertaking to the Court, and his medical condition did not force that decision. Although he had no prior contempt and his health and current imprisonment were relevant, a further two weeks imprisonment was sufficient to vindicate the law and the authority of the court.

Court Disposition

Respondent punished for admitted contempt of court.

Orders

  • ['Mr Dimitri serve a term of two weeks imprisonment to commence immediately at the date fixed for his release from his present imprisonment.']