Commissioner for Fair Trading v Abbott [2009] NSWSC 525

Commissioner for Fair Trading v Abbott [2009] NSWSC 525

Mr Abbott knew he was not licensed or certified and knew of the Court's final restraint orders, yet advertised that he was willing to carry out prohibited repair work and/or autogas work and actually carried out such work on autogas installations. His conduct was deliberate contempt of court, serious because it...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 May 2009
Procedural Posture
Notices of Motion for Contempt of Court Under Pt 55 R6 of the Supreme Court Rules / Sentencing and Orders After Pleas of Guilty to Five Contempt Charges
Outcome
Mr Abbott was found guilty of contempt of court on each of five charges; fines were imposed for charges 1 and 2, good behaviour bonds for charges 3, 4 and 5, costs were ordered on two motions, and the earlier motion was dismissed with no order as to costs.
Legal Topics
['breach of Supreme Court Restraint Orders' 'unauthorised Repair Work and Autogas Work' 'advertising Willingness to Perform Prohibited Work' 'good Behaviour Bond' 'fine' 'costs']
['contempt of Court' 'motor Vehicle Repair Regulation' 'gas Supply and Autogas Regulation' 'sentencing'] ['breach of Supreme Court Restraint Orders' 'unauthorised Repair Work and Autogas Work' 'advertising Willingness to Perform Prohibited Work' 'good Behaviour Bond' 'fine' 'costs']

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Procedural Posture

Notices of Motion for Contempt of Court Under Pt 55 R6 of the Supreme Court Rules / Sentencing and Orders After Pleas of Guilty to Five Contempt Charges

Legal Issues

  1. 1 ['Whether Mr Abbott was guilty of contempt of court for advertising and carrying out repair work and/or autogas work contrary to final orders of the Court.' 'What punishment was appropriate for deliberate breaches of court orders involving unauthorised work on autogas installations.']

Ratio Decidendi

Mr Abbott knew he was not licensed or certified and knew of the Court's final restraint orders, yet advertised that he was willing to carry out prohibited repair work and/or autogas work and actually carried out such work on autogas installations. His conduct was deliberate contempt of court, serious because it defied court orders and involved work affecting public safety. However, in light of his guilty pleas, compliance with the undertaking given on 1 December 2008, and the accepted evidence that the contempts did not involve connecting or disconnecting gas cylinders to or from automobiles, punishment less than imprisonment was appropriate.

Court Disposition

Mr Abbott was found guilty of contempt of court on each of five charges; fines were imposed for charges 1 and 2, good behaviour bonds for charges 3, 4 and 5, costs were ordered on two motions, and the earlier motion was dismissed with no order as to costs.

Orders

  • ['Mr Abbott guilty of contempt of court in respect of each of the five charges to which he entered a plea of guilty.' 'In respect of each of charges 1 and 2, a fine of $100 was imposed.' 'In respect of charges 3, 4 and 5, Mr Abbott was ordered to enter into a good behaviour bond for a term of two years from 19 May...