NSW Caselaw
New South Wales Supreme Court
CITATION : Commissioner for Fair Trading v Peter Todd Garay [2010] NSWSC 218
HEARING DATE(S) : 05/02/10, 12/03/10
JUDGMENT DATE : 25 March 2010
JUDGMENT OF : Hidden J
DECISION : Charges 2 - 4, 6 - 8, FT 6 months from 25.03.10. Charges 10 - 12, 18 months, NPP 6 months, from 25.03.10.
CATCHWORDS : CRIMINAL LAW - contempt of court - breaches of orders of Grove J restraining offender from conduct in relation to residential building work - criminal history, including previous breaches of the same orders - gambling, mental health issues
LEGISLATION CITED : Home Building Act 1989
CATEGORY : Sentence
Commissioner for Fair trading v Garay & Ors [2009] NSWSC 1196 CASES CITED : Buchanan Turf Supplies Pty Ltd v Premier Turf Supplies [2004] FCA 1694 Commissioner for Fair Trading v Garay & Ors [2005] NSWSC 647 Veen v The Queen [No. 2] (1987-88) 164 CLR 465
PARTIES : Commissioner for Fair Trading (Plaintiff) Peter Todd Garay (Offender)
FILE NUMBER(S) : SC 2003/12909
COUNSEL : GJ Sarginson (Plaintiff) S Hughes (Offender)
SOLICITORS : Christopher Laird Pacey (Plaintiff) Bell Lawyers (Offender)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HIDDEN J
Thursday 25 March 2010
2003/12909 Commissioner for Fair Trading v Peter Todd Garay
JUDGMENT 1 HIS HONOUR: The offender, Peter Todd Garay, stands for sentence after being found guilty of contempt of court. On 10 November 2009 I published a judgment in which I found established 9 charges of contempt, being breaches of orders made by Grove J in November 2003: Commissioner for Fair Trading v Garay & Ors [2009] NSWSC 1196. Those orders and the background to the proceedings before me are to be found in that judgment at [1] – [25]. 2 The facts giving rise to the 9 charges which I found proved are set out in the judgment, and need not be repeated. They relate to the offender's dealings with the owners of three properties in the Hunter area. In each case I found him guilty of 3 charges: representing himself, expressly or impliedly, as the holder of a licence under the Home Building Act ; contracting, by himself and in association with his father-in-law, Lindsay McGoldrick, to undertake residential building work; undertaking residential building work, again in association with Mr McGoldrick.
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