Owners Strata Plan 37762 v Pham and Ors (No 2) [2007] NSWLEC 306

Owners Strata Plan 37762 v Pham and Ors (No 2) [2007] NSWLEC 306

In light of the absence of mitigating evidence except for limited oral evidence from the Second Respondent, the need for deterrence and denunciation, the ongoing failure to purge contempt, and the insufficient grounds or evidence supporting extension of time, the appropriate fines are $10,000 for the First Respondent, $5,000 for the Second Respondent, and $8,000 for the Fourth Respondent, with half payable to the prosecutor, and indemnity costs awarded to the Applicant.

Jurisdiction
Australia
Judgment Date
01 June 2007
Procedural Posture
Contempt Proceedings / Penalty/sentencing Following Finding of Contempt
Outcome
First, Second, and Fourth Respondents convicted of contempt and fined; extension of time to comply with orders refused; indemnity costs awarded to Applicant; Respondents ordered to pay half of fines to prosecutor.
Legal Topics
['penalty for Contempt' 'extension of Time to Comply With Orders' 'indemnity Costs']
['contempt of Court' 'environmental Law' 'strata Law'] ['penalty for Contempt' 'extension of Time to Comply With Orders' 'indemnity Costs']

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Procedural Posture

Contempt Proceedings / Penalty/sentencing Following Finding of Contempt

Legal Issues

  1. 1 ['Appropriate penalty for contempt where no purging of contempt' 'Whether indemnity costs should be awarded' 'Whether application for extension of time to comply with orders should be granted']

Ratio Decidendi

In light of the absence of mitigating evidence except for limited oral evidence from the Second Respondent, the need for deterrence and denunciation, the ongoing failure to purge contempt, and the insufficient grounds or evidence supporting extension of time, the appropriate fines are $10,000 for the First Respondent, $5,000 for the Second Respondent, and $8,000 for the Fourth Respondent, with half payable to the prosecutor, and indemnity costs awarded to the Applicant.

Court Disposition

First, Second, and Fourth Respondents convicted of contempt and fined; extension of time to comply with orders refused; indemnity costs awarded to Applicant; Respondents ordered to pay half of fines to prosecutor.

Orders

  • ['First Respondent convicted of contempt of orders dated 10 May 2006.' 'First Respondent fined $10,000, payable within 28 days.' 'Second Respondent convicted of contempt of orders dated 10 May 2006.' 'Second Respondent fined $5,000, payable within 28 days.' 'Fourth Respondent convicted of contempt of orders dated 10...