Jones v Toben (No 2) [2009] FCA 477

FEDERAL COURT OF AUSTRALIA

Jones v Toben (No 2) [2009] FCA 477

CONTEMPT – penalty – respondent previously found guilty of 24 counts of contempt – no evidence adduced to explain respondent's conduct – respondent continued to breach orders and undertaking after trial of proceedings – respondent published document on morning of penalty hearing scandalising the Court – evidence showed a continuing public defiance of authority of the Court – conduct designed to undermine authority of the Court – applicant entitled to expect the orders obtained to be obeyed by the respondent – respondent's public defiance of Court's orders gives rise to penal or disciplinary jurisdiction of the Court – respondent impecunious – seriousness of respondent's conduct meant financial circumstances not relevant to question of penalty – impecuniosity not a reason to imprison a person when the appropriate penalty would otherwise be a fine – sentence of imprisonment required because of seriousness of conduct – inappropriate to suspend sentence – respondent to be imprisoned for three months COSTS – application for indemnity costs – sum claimed by applicant too high for what was involved in proceeding – respondent impecunious and unable to pay – applicant's costs to be paid by respondent on a party and party basis Federal Court of Australia Act 1976 (Cth) s 31 Judiciary Act 1903 (Cth) High Court Rules 2004 r 11.04.1(a) AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98 cited Coonan & Denlay Pty Ltd v Superstar Australia Pty Ltd (No 2) (1981) 57 FLR 118 cited Whitham v Holloway (1995) 183 CLR 525 cited JEREMY JONES v FREDRICK TOBEN

NSD 327 of 2001

LANDER J

13 MAY 2009

ADELAIDE (VIDEOLINK TO SYDNEY AND MELBOURNE) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 327 of 2001

BETWEEN: JEREMY JONES