Metcash Trading Limited v Bunn (No 6) [2009] FCA 266

Metcash Trading Limited v Bunn (No 6) [2009] FCA 266

A pecuniary penalty of $2,000 is appropriate in all the circumstances having regard to the respondent's financial situation, the nature and gravity of the contempt, and the absence of contumacious conduct, and party and party costs (not indemnity costs) should be awarded to the applicants, payable forthwith.

Jurisdiction
Australia
Judgment Date
27 March 2009
Procedural Posture
Civil Contempt / Penalty Hearing and Costs Determination
Outcome
Respondent found guilty of contempt and fined $2,000; respondent ordered to pay applicant's costs to be taxed and payable forthwith.
Legal Topics
['imposition of Penalty for Contempt' 'costs in Contempt Proceedings' 'bankruptcy and Contempt' 'scope of Court Orders']
['contempt of Court' 'civil Procedure'] ['imposition of Penalty for Contempt' 'costs in Contempt Proceedings' 'bankruptcy and Contempt' 'scope of Court Orders']

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Procedural Posture

Civil Contempt / Penalty Hearing and Costs Determination

Legal Issues

  1. 1 ['What is the appropriate penalty to be imposed for civil contempt for breaching a court order?' 'Should indemnity costs or party and party costs be awarded to the applicants in contempt proceedings?' 'What factors should be considered in fixing the quantum of penalty in contempt cases, including the contemnor’s financial circumstances?']

Ratio Decidendi

A pecuniary penalty of $2,000 is appropriate in all the circumstances having regard to the respondent's financial situation, the nature and gravity of the contempt, and the absence of contumacious conduct, and party and party costs (not indemnity costs) should be awarded to the applicants, payable forthwith.

Court Disposition

Respondent found guilty of contempt and fined $2,000; respondent ordered to pay applicant's costs to be taxed and payable forthwith.

Orders

  • ['The respondent is guilty of contempt by reason of his breach of Order 3.5(c) of the order of this Court made on 9 March 2006.' 'The respondent be fined in the sum of $2,000.' "The respondent pay the applicant's costs of the notice of motion to be taxed and payable forthwith."]