Registrar, Supreme Court of Norfolk Island v Walsh (No 8) [2021] NFSC 6

Supreme Court of Norfolk Island

Registrar, Supreme Court of Norfolk Island v Walsh (No 8) [2021] NFSC 6 File number(s): SC 2 of 2016

Judgment of: RARES J

Date of judgment: 23 December 2021

Catchwords: CONTEMPT OF COURT – application to purge contempt – whether appropriate to maintain sentence of imprisonment– where contemnor only partially purged contempt – where contemnor affected by ill health, frailty of mind and old age – where contemnor of limited means

Cases cited: Australasian Meat Industry Employees' Union v Mudginberri Station Pty Limited (1986) 161 CLR 98 Construction, Forestry, Mining and Energy Union v Boral Reserves (Vic) Pty Ltd (2015) 256 CLR 375 Hughes v Australian Competition and Consumer Commission (2004) 247 FCR 277 Northern Territory v Sangare (2019) 265 CLR 164

Number of paragraphs: 17

Dates of hearing: 26 November 2021, 10, 15 and 23 December 2021

Counsel for Applicant: Mr G Johnson

Solicitor for Applicant: Sparke Helmore Lawyers

Counsel for Respondent: Mr A Hands

ORDERS SC 2 of 2016

BETWEEN: REGISTRAR OF THE SUPREME COURT OF NORFOLK ISLAND Applicant

AND: JOHN WALSH Respondent

order made by: RARES J DATE OF ORDER: 23 DECEMBER 2021

PENAL NOTICE TO: John Walsh IF YOU (BEING THE PERSON BOUND BY THIS ORDER): (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.