Sundarjee Bros (Aust) Pty Ltd v Sanjay Sundarjee [2024] NSWSC 237

Sundarjee Bros (Aust) Pty Ltd v Sanjay Sundarjee [2024] NSWSC 237

The Court held that Mr Sundarjee committed wilful criminal contempt by deliberately deleting WhatsApp conversations and emails with the intention of preventing some or all of them being produced pursuant to Court orders and made available for use as evidence. Although the contempt was serious and prejudiced SBA and undermined the Court's authority, it was not contumacious in the sense of being aimed at the integrity of the courts, and imprisonment was not the only appropriate penalty. In light of his genuine contrition, low risk of repetition, personal circumstances, lack of specific intent to undermine the Court, and the significant burden of indemnity costs, a $50,000 fine suspended on...

Jurisdiction
Australia
Judgment Date
12 March 2024
Procedural Posture
Equity Commercial List; Sentencing for Criminal Contempt / Sentencing Hearing Following Guilty Plea to Contempt Charges
Outcome
Contempt declared; fine imposed and suspended on condition of voluntary service; indemnity costs ordered up to 16 November 2023; no costs order from 16 November 2023.
Legal Topics
['criminal Contempt' 'search Orders' 'deletion of Electronic Documents' 'sentencing for Contempt' 'fine Suspended on Terms' 'indemnity Costs']
['contempt of Court' 'civil Procedure' 'equity' 'costs'] ['criminal Contempt' 'search Orders' 'deletion of Electronic Documents' 'sentencing for Contempt' 'fine Suspended on Terms' 'indemnity Costs']

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Procedural Posture

Equity Commercial List; Sentencing for Criminal Contempt / Sentencing Hearing Following Guilty Plea to Contempt Charges

Legal Issues

  1. 1 ['What penalty should be imposed for criminal contempt constituted by deleting WhatsApp conversations and emails to prevent production pursuant to search orders.' 'Whether a custodial penalty was the only appropriate penalty.' 'Whether a fine could be suspended on condition that voluntary service be performed.' 'What costs orders should be made for the contempt motion and sentencing hearing.']

Ratio Decidendi

The Court held that Mr Sundarjee committed wilful criminal contempt by deliberately deleting WhatsApp conversations and emails with the intention of preventing some or all of them being produced pursuant to Court orders and made available for use as evidence. Although the contempt was serious and prejudiced SBA and undermined the Court's authority, it was not contumacious in the sense of being aimed at the integrity of the courts, and imprisonment was not the only appropriate penalty. In light of his genuine contrition, low risk of repetition, personal circumstances, lack of specific intent to undermine the Court, and the significant burden of indemnity costs, a $50,000 fine suspended on...

Court Disposition

Contempt declared; fine imposed and suspended on condition of voluntary service; indemnity costs ordered up to 16 November 2023; no costs order from 16 November 2023.

Orders

  • ["Declare that the Fourth Defendant was in contempt of this Court by engaging in the conduct described in each of: Charge 1 (excluding subparagraph (a) of that Charge); and Charge 2 (excluding subparagraph (a) of that Charge); in the Statement of Charge at Annexure B to the Plaintiff's Notice of Motion filed on 19...