Thunder Studios Inc (California) v Kazal (No 2) [2017] FCA 202

Thunder Studios Inc (California) v Kazal (No 2) [2017] FCA 202

Given the deliberate, organised, and public nature of Adam Kazal's breaches of court orders and improper pressure on parties and lawyers, coupled with lack of remorse or apology, a custodial sentence is the only appropriate penalty to protect the administration of justice and serve both specific and general deterrence.

Jurisdiction
Australia
Judgment Date
27 February 2017
Procedural Posture
Contempt of Court Proceedings / Sentencing Judgment
Outcome
Respondent Adam Kazal sentenced to concurrent terms of imprisonment for contempt, to be released 27 August 2018; required to pay applicants' costs on indemnity basis.
Legal Topics
['sentencing for Contempt' 'breach of Court Orders' 'improper Pressure on Party/lawyer' 'public Defiance of Court Orders' 'penalties for Contempt' 'criminal Nature of Contempt']
['contempt of Court' 'civil Procedure'] ['sentencing for Contempt' 'breach of Court Orders' 'improper Pressure on Party/lawyer' 'public Defiance of Court Orders' 'penalties for Contempt' 'criminal Nature of Contempt']

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Procedural Posture

Contempt of Court Proceedings / Sentencing Judgment

Legal Issues

  1. 1 ["What is the appropriate penalty for Adam Kazal's contempt of court?" "Were Adam Kazal's actions in breach of court orders wilful and contumacious?" 'Should a fine, suspended sentence, or imprisonment be imposed for contempt given the circumstances?']

Ratio Decidendi

Given the deliberate, organised, and public nature of Adam Kazal's breaches of court orders and improper pressure on parties and lawyers, coupled with lack of remorse or apology, a custodial sentence is the only appropriate penalty to protect the administration of justice and serve both specific and general deterrence.

Court Disposition

Respondent Adam Kazal sentenced to concurrent terms of imprisonment for contempt, to be released 27 August 2018; required to pay applicants' costs on indemnity basis.

Orders

  • ['Not guilty verdict on charges 1, 2, and 4, and certain particulars of charge 7.' 'Guilty verdict on charges 3 (15 months imprisonment), 5 (9 months), 6 (2 months), 7 (2 months), 8 (12 months), and 9 (18 months) of contempt.' 'All sentences to be served concurrently.' "Adam Kazal to pay applicants' costs of the...