Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (No 7) [2015] FCA 1103

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (No 7) [2015] FCA 1103 Citation: Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (No 7) [2015] FCA 1103

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CHASTE CORPORATION PTY LTD (ACN 089 837 329) and BRADDON RALPH WEBB, ORLAWOOD PTY LTD (ACN 059 294 334), PETER CLARENCE FOSTER, SEAN PETRIE ALLEN COUSINS, CONSTANTINE XENOUDAKIS, KEVIN ANTHONY McMULLAN, ALAN KENNETH COOPER, STEPHEN D'ALTON

File number: QUD 252 of 2001

Judge: LOGAN J

Date of judgment: 16 October 2015

Catchwords: CONTEMPT OF COURT – Court's jurisdiction to order early release of person serving term of imprisonment as punishment for contempt – factors relevant to the ordering of early release Held: The Court has jurisdiction to order the early release of an imprisoned contemnor – jurisdiction may be exercised even in cases where order for the imprisonment was not coercive but in respect of a breach of a prohibition – jurisdiction calls for the exercise of a judicial discretion, having regard to circumstances which have occurred after sentencing and whether in those circumstances occasion for clemency is to be found

Legislation: Contempt of Court Act 1981 (UK) s 14(1) Crimes Act 1914 (Cth) s 16 Federal Court of Australia Act 1976 (Cth) ss 23, 31, 31(1) Judiciary Act 1903 (Cth) s 24 Sentencing Act 1989 (NSW) s 53 Bankruptcy Rules 1968 r 176 Federal Court Rules 1979 rr 1, 12 Federal Court Rules 2011 rr 12, 14, 42.11(1), 42.22 High Court Rules 1928 r 10 High Court Rules 2004 r 11.04.4 Supreme Court Rules 1970 (NSW) Pt 55, r 14 Cases cited: Adriatic Terrazzo & Foundations Pty Ltd v Robinson, Owens, and Australian Building & Construction Workers Federation, South Australian Branch (1972) 4 SASR 294 cited Attorney-General v James [1962] 2 QB 637 considered Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (in liquidation) [2005] FCA 1212 related Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (No 3) [2013] FCA 984 related Australian Competition & Consumer Commission v Chaste Corporation Pty Ltd (No 6) (2013) 223 FCR 426 related C v Registrar, Court of Appeal [1996] NSWCA 85 cited CJ v Flintshire Borough Council [2010] 2 FLR 1234 (Court of Appeal) considered Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 89 ALJR 622 considered Foster v Australian Competition and Consumer Commission (2014) 219 FCR 563 cited Her Majesty's Solicitor General v Dodd [2014] EWHC 1285 (QB) cited Petruk, E.M. v The Official Trustee in Bankruptcy [1986] FCA 282 cited Re Petruk (unreported, Federal Ct, No 397 of 1984, Smithers J, 2 April 1986) considered Re Grant (1949) 63 CAR 238 at 240 considered Re: Malan, Ex Parte: Malan v Boothe [1994] FCA 1115 considered R v PX [2005] QCA 246 cited R v Sittczenko; ex parte Cth DPP [2005] QCA 461cited Viner v Australian Building Construction Employees' and Builders Labourers' Federation (No 3) (1982) 63 FLR 242 considered Von Doussa v Owens (No 3) (1982) 31 SASR 116 cited Witham v Holloway (1995) 183 CLR 525 cited Young v Registrar, Court of Appeal (1993) 32 NSWLR 262 considered