Commissioner for Fair Trading v Matthew Geoffrey Rixon (No. 5) [2022] NSWSC 146

Commissioner for Fair Trading v Matthew Geoffrey Rixon (No. 5) [2022] NSWSC 146

The defendant engaged in multiple acts of contempt by knowingly breaching binding court orders prohibiting involvement in building work over $5000 without a licence, while on parole for similar conduct. The court found the conduct was deliberate, for financial gain, and demonstrated flagrant disregard for the authority of the court, justifying a custodial sentence. Credit was given for plea of guilty and hardship from pandemic-related incarceration.

Parties
Plaintiff: Commissioner for Fair Trading; Defendant: Matthew Geoffrey Rixon
Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Civil / Sentencing for Contempt
Outcome
Defendant convicted of contempt and sentenced to 21 months imprisonment; costs ordered.
Legal Topics
Sentencing for Contempt, Breach of Injunctive Orders, Unlicensed Residential Building Work, Home Building Act Compliance, Australian Consumer Law Breach
Contempt of Court Civil Procedure Sentencing for Contempt Breach of Injunctive Orders Unlicensed Residential Building Work Home Building Act Compliance Australian Consumer Law Breach

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Parties

Commissioner for Fair Trading

Plaintiff

Matthew Geoffrey Rixon

Defendant

Procedural Posture

Civil / Sentencing for Contempt

Legal Issues

  1. 1 Whether the defendant knowingly breached consent orders prohibiting involvement in unlicensed residential building work
  2. 2 Appropriate penalty for contempt of court in light of defendant's prior breaches and circumstances

Ratio Decidendi

The defendant engaged in multiple acts of contempt by knowingly breaching binding court orders prohibiting involvement in building work over $5000 without a licence, while on parole for similar conduct. The court found the conduct was deliberate, for financial gain, and demonstrated flagrant disregard for the authority of the court, justifying a custodial sentence. Credit was given for plea of guilty and hardship from pandemic-related incarceration.

Court Disposition

Defendant convicted of contempt and sentenced to 21 months imprisonment; costs ordered.

Orders

  • The defendant, Matthew Geoffrey Rixon, is convicted of contempt of court.
  • The defendant is sentenced to a term of imprisonment of 21 months commencing 17 November 2021 and expiring 16 August 2023.