Vaysman v Deckers Outdoor Corporation Inc [2014] FCAFC 60

FEDERAL COURT OF AUSTRALIA

Vaysman v Deckers Outdoor Corporation Inc [2014] FCAFC 60 Citation: Vaysman v Deckers Outdoor Corporation Inc [2014] FCAFC 60

Appeal from: Deckers Outdoor Corporation Inc v Farley (No 8) [2010] FCA 657

Parties: VLADIMIR VAYSMAN v DECKERS OUTDOOR CORPORATION INC

File number: VID 835 of 2013

Judges: dowsett, siopis and besanko jj

Date of judgment: 22 May 2014

Catchwords: PRACTICE AND PROCEDURE – application for extension of time within which to appeal – where application made three years after judgment – where unsatisfactory explanation for substantial delay – where seeking to appeal against sentence of imprisonment – where substantially longer term of imprisonment imposed than warranted. CONTEMPT OF COURT – sentence for contempt of court – non-compliance with court orders and undertakings – whether double punishment for the same offences – whether earlier award of additional damages punishment for same offences – additional damages awarded by consent – whether additional damages effective punishment – whether sentencing judge treated absence from hearing and absence of apology as aggravating factors – whether sentence imposed was manifestly excessive – consideration of comparable cases – comparable cases as a yardstick against which to examine a proposed sentence. CONTEMPT OF COURT – sentence for contempt of court – resentencing – where a most serious contempt of court – where applicant defied court orders and undertakings – where applicant did not appear at contempt hearing – where applicant did not file any evidence explaining conduct – where apology proffered after hearing – where applicant did not provide information regarding financial circumstances – where applicant entered voluntary bankruptcy – sentence of imprisonment. Held: Application for extension of time granted. Appeal allowed. Applicant resentenced.