Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280

Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280

Supreme Court Rules 1970 Pt 55 r 14 empowered the Court to discharge each appellant before expiry of the fixed term of imprisonment. In light of changed circumstances after committal, including delivery up of the vehicles, apologies and demonstrated understanding of the need to comply with court orders, further imprisonment was not required to vindicate the authority of the Court or further punish the contempts. Mrs Menzies' role and experience of imprisonment justified immediate discharge; Mr Menzies' more serious wilful contempt was sufficiently addressed by his surrender of the vehicles, apology, punishment already suffered, and undertaking to make reasonable inquiries about missing...

Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Contempt Proceedings; Appeal From Findings of Contempt and Motion for Discharge From Imprisonment / Motion in Appeal Proceedings Under Supreme Court Rules 1970 Pt 55 R 14 for Discharge and Release From Imprisonment
Outcome
Applications granted; both appellants discharged and released from the correctional centre, and the sentence warrants dated 6 September 2016 revoked.
Legal Topics
['discharge of Contemnor Before Expiry of Fixed Term' 'failure to Deliver Up Property in Breach of Court Orders' 'changed Circumstances, Contrition and Purging Contempt' 'supreme Court Rules 1970 Pt 55 R 14']
['contempt of Court' 'civil Procedure' 'sentencing'] ['discharge of Contemnor Before Expiry of Fixed Term' 'failure to Deliver Up Property in Breach of Court Orders' 'changed Circumstances, Contrition and Purging Contempt' 'supreme Court Rules 1970 Pt 55 R 14']

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Procedural Posture

Contempt Proceedings; Appeal From Findings of Contempt and Motion for Discharge From Imprisonment / Motion in Appeal Proceedings Under Supreme Court Rules 1970 Pt 55 R 14 for Discharge and Release From Imprisonment

Legal Issues

  1. 1 ['Whether Supreme Court Rules 1970 Pt 55 r 14 empowered the Court to discharge contemnors committed to a correctional centre for fixed terms before the expiry of those terms.' "Whether changed circumstances, including delivery up of the vehicles, apologies, contrition and the appellants' circumstances, justified discharging Colleen Anne Menzies and Ian David Menzies from further imprisonment." "Whether alleged missing items from the prime movers and trailers meant Ian David Menzies should not be treated as having sufficiently complied with the Court's delivery up orders."]

Ratio Decidendi

Supreme Court Rules 1970 Pt 55 r 14 empowered the Court to discharge each appellant before expiry of the fixed term of imprisonment. In light of changed circumstances after committal, including delivery up of the vehicles, apologies and demonstrated understanding of the need to comply with court orders, further imprisonment was not required to vindicate the authority of the Court or further punish the contempts. Mrs Menzies' role and experience of imprisonment justified immediate discharge; Mr Menzies' more serious wilful contempt was sufficiently addressed by his surrender of the vehicles, apology, punishment already suffered, and undertaking to make reasonable inquiries about missing...

Court Disposition

Applications granted; both appellants discharged and released from the correctional centre, and the sentence warrants dated 6 September 2016 revoked.

Orders

  • ['In proceedings 2015/171520, order: That the defendant, Colleen Anne Menzies, be discharged and released from the correctional centre where she is presently imprisoned.' "In proceedings 2015/171520, order: For the purpose of giving effect to order 1, revoke the sentence warrant dated 6 September 2016 in relation to...