NSW Caselaw
New South Wales Supreme Court
CITATION : Bydand Holdings Pty Limited v Pineland Property Holdings Pty Limited & Ors [2009] NSWSC 959
HEARING DATE(S) : 11/09/09 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 11 September 2009
DECISION : Orders that contemnor carry out 100 hours of unpaid community service.
CATCHWORDS : Practice and Procedure - Contempt of Court - Failure to comply with undertaking to the Court
LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999
CATEGORY : Sentence
CASES CITED : NRC Australia v Credit Connection [2005] NSWSC 1118
Bydand Holdings Pty Limited (Plaintiff) PARTIES : Pineland Property Holdings (First Defendant) Knight Frank Australia Pty Limited (Second Defendant) Vincent Pang (Third Defendant)
FILE NUMBER(S) : SC 50058/08
COUNSEL : Mr P Russell (Plaintiff) Mr C Birch SC, Mr A Cassels (Third Defendant)
SOLICITORS : Barringer Leather Lawyers (Plaintiff) Maxim Legal Pty Limited (Third Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
Einstein J
Friday 11 September 2009 ex tempore Revised 14 September 2009
50058/08 Bydand Holdings Pty Limited v Pineland Property Holdings Pty Limited & Ors
JUDGMENT The present status of these proceedings 1 The judgment delivered in these proceedings on 26 June 2009 [2009] NSWSC 584, found that the contempt charge against Mr Pang had been proven beyond reasonable doubt. The holding was that it was appropriate for the Court to closely consider whether an order for a custodial sentence should be made. The court made clear that at an appropriate time the matter would be before the Court for the purpose of permitting Mr Pang to address submissions in relation to sentence. The reasons made clear that prior to that occasion, it was appropriate to order that a Probation and Parole Office Pre-Sentence Report be prepared. 2 Consistently with the orders then made a Community Offender Services Probation and Parole Service Pre-Sentence Report was provided to the Court on 14 August 2009. The contents of that report have been communicated to the parties. The short report was in the following terms: Sources of information Interviews with offender Home visit to offender Telephone contact with friend/business associate of 17 years Telephone contact with General Practitioner Perusal of Judgment of justice Einstein on 26 June 2009 Documentation provided by the offender Discussion with Community Service team, Chatswood District Office
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