Environment Protection Authority v Ramsey Food Processing Pty Ltd (No 4) [2011] NSWLEC 246

Environment Protection Authority v Ramsey Food Processing Pty Ltd (No 4) [2011] NSWLEC 246

The defendant company's claims of insolvency were not supported by evidence; on the contrary, it had access to funds or group support and made payments to related legal matters. Its conduct in failing to comply with environmental audit and publication orders was a deliberate and contumacious contempt, warranting a substantial fine and indemnity costs.

Parties
Prosecutor: Environment Protection Authority; Defendant: Ramsey Food Processing Pty Ltd
Jurisdiction
Australia
Judgment Date
09 December 2011
Procedural Posture
Contempt Proceedings (class 5, Criminal Contempt) / Sentence After Conviction for Contempt
Outcome
Defendant convicted of contempt and sentenced.
Legal Topics
Sentencing for Contempt, Corporate Insolvency, Deliberate Defiance of Court Orders, Environmental Protection Offences, Costs
Environmental Law Criminal Law (contempt) Corporate Law Sentencing for Contempt Corporate Insolvency Deliberate Defiance of Court Orders Environmental Protection Offences Costs

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Parties

Environment Protection Authority

Prosecutor

Ramsey Food Processing Pty Ltd

Defendant

Procedural Posture

Contempt Proceedings (class 5, Criminal Contempt) / Sentence After Conviction for Contempt

Legal Issues

  1. 1 Whether the defendant company was insolvent at the time of its contempt
  2. 2 Whether the contempt was 'contumacious' or merely 'technical'
  3. 3 Appropriate penalty for a corporate defendant found guilty of contempt for non-compliance with environmental orders

Ratio Decidendi

The defendant company's claims of insolvency were not supported by evidence; on the contrary, it had access to funds or group support and made payments to related legal matters. Its conduct in failing to comply with environmental audit and publication orders was a deliberate and contumacious contempt, warranting a substantial fine and indemnity costs.

Court Disposition

Defendant convicted of contempt and sentenced.

Orders

  • The defendant is convicted of contempt.
  • The defendant is fined $300,000.