Australian Prudential Regulation Authority v Siminton (No 10) [2007] FCA 1814

FEDERAL COURT OF AUSTRALIA

Australian Prudential Regulation Authority v Siminton (No 10) [2007] FCA 1814

CONTEMPT – Penalty hearing – Where respondent guilty of multiple counts of contempt of court – Considerations relevant to penalty – Contempt found to be wilful and contumacious – Prison term imposed

Bankruptcy Act 1966 (Cth) Federal Court Rules O 37 r 2

Australian Competition and Consumer Commission v Info 4PC.Com Pty Ltd (2002) 121 FCR 24 referred to Australian Competition and Consumer Commission v World Netsafe Pty Ltd (2003) 204 ALR 537 referred to Australian Prudential Regulation Authority v Siminton (No 3) (2006) 230 ALR 528 referred to Australian Prudential Regulation Authority v Siminton (No 7) [2007] FCA 1609 referred to Louis Vuitton Malletier SA v Design Elegance Pty Ltd (2006) 149 FCR 494 referred to Clifford v Middleton [1974] VR 737 referred to AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v DAVID ROBERT SIMINTON VID 1607 OF 2005

TRACEY J

28 NOVEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1607 OF 2005

BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Applicant

AND: DAVID ROBERT SIMINTON

Respondent

JUDGE: TRACEY J DATE OF ORDER: 28 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. It be declared that the respondent is guilty of contempt by reason of the matters set out in Charges 1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 1.9 and 1.11 of the statement of charge dated 14 December 2006. 2. No findings should be made in relation to the matters set out in Charges 1.6, 1.8, 1.10 and 1.12 of the statement of charge dated 14 December 2006. 3. The respondent be imprisoned for a period of twelve months in respect of each of the contempts referred to in paragraph 1 of these Orders, each sentence to be served concurrently with each other sentence. 4. A warrant issue for the committal of the respondent to prison for a period of twelve months. 5. The respondent pay the applicant's costs of the applicant's notice of motion dated 14 December 2006 on a solicitor-client basis. 6. The warrant issue pursuant to paragraph (4) of these orders lie on the Court file until further order. 7. Until the hearing and determination of any appeal from these orders, or further order: (a) The respondent not attend at any point of international departure; (b) The respondent report in person every Monday (commencing on 3 December 2007) between the hours of 9:00am and 5:00pm to the Nunawading Police Station.