Commissioner for Fair Trading v Abbott [2009] NSWSC 525

New South Wales Supreme Court

CITATION : Commissioner for Fair Trading v Abbott [2009] NSWSC 525

HEARING DATE(S) : 27/04/09; 28/04/09;05/05/09

JUDGMENT DATE : 19 May 2009

JUDGMENT OF : Patten AJ at 1

DECISION : See paragraph 62

Motor Vehicle Repairs Act 1980; Dangerous Goods (Gas Installations) Regulation 1998; LEGISLATION CITED : Gas Supply Act;1996 Supreme Court Rules; Crimes (Sentencing Procedure) Act 1999

PARTIES : Commissioner For Fair Trading - Plaintiff Warren Abbott - Defendant

FILE NUMBER(S) : SC 13237 of 2008

COUNSEL : Mr T H Barrett - Plaintiff Mr D Nelson - Defendant

SOLICITORS : Ms V Griswold-Office of Fair Trading - Plaintiff Legal Aid - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Enter list here LIST

PATTEN AJ

19 MAY 2009

3237/2008 COMMISSIONER FOR FAIR TRADING V WARREN ABBOTT

JUDGMENT

1 HIS HONOUR: Before the court are notices of motion filed pursuant to Pt 55 r6 of the Supreme Court Rules. They seek orders that the defendant, Mr Abbott, be adjudged guilty of contempt of court and punished or otherwise dealt with in respect of his breaches of orders made by judges of this court.

2 When the matter first came before me on 27 April this year, Mr Barrett, counsel for the plaintiff, handed up three statements of charge, each of which alleged a number of charges of contempt of court. After I had rejected some of these charges on legal grounds, I orally charged Mr Abbott with thirteen counts of contempt of court. To each of these he pleaded not guilty. 3 Evidence was then called on behalf of the plaintiff in support of the charges. On the second day of the hearing, following a short adjournment, I was informed by Mr Barrett that he proposed to withdraw eight of the thirteen charges and understood that Mr Abbott would, if recharged plead guilty to the remaining five. 4 This was in fact done and Mr Abbott being orally charged pleaded guilty to each of the following charges: