Director-General of the Department of Fair Trading v Yang [2002] NSWSC 754

Reported Decision : (2002) 132 A Crim R 438

New South Wales Supreme Court

CITATION : Director-General of the Department of Fair Trading v Yang [2002] NSWSC 754 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 12296/01 HEARING DATE(S) : 22 and 23 August 2002 JUDGMENT DATE : 23 August 2002

PARTIES : Director-General of the Department of Fair Trading (Applicant) Joseph Kok Hoong Yang (Respondent) JUDGMENT OF : Buddin J

COUNSEL : P Griffin (Applicant) Ms E Kennedy (Respondent) SOLICITORS : D.I. Catt (Applicant) Michael Parasyn (Respondent) CATCHWORDS : Proceedings for contempt - Pt 55 of the Supreme Court Rules - real estate agent disqualified from holding licence for 5 years - order subsequently made in Supreme Court upon his undertaking (i) not to represent himself as or engage in activities as a real estate agent and (ii) not to manage a corporation carrying on business as an estate agent - offender breached orders by establishing new real estate business - pleaded guilty at an early stage - gambling problems - no prior convictions - deliberate and calculated acts of defiance of court orders - custodial sentence required - finding of "special circumstances". LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Supreme Court Rules AG for NSW v Whiley (1993) 31 NSWLR 314 Cameron v The Queen (2002) 187 ALR 65 Department of Fair Trading v O'Keefe [2002] NSWSC 398 CASES CITED : Pelechowski v The Registrar of the Court of Appeal (1999) 198 CLR 435 R v Sharma [2002] NSWCCA 142 R v Thomson (2000) 49 NSWLR 383 Registrar of the Court of Appeal v Manian [No 2] (1992) 26 NSWLR 309 DECISION : On each charge: Sentenced to a term of imprisonment of 9 months to commence on 5 July 2002 and to expire on 4 April 2003. In respect of each charge impose a non-parole period of 2 months to commence on 5 July 2002 and to expire on 4 September 2002. Sentences are to be served concurrently.