NSW Caselaw
New South Wales Supreme Court
CITATION : Circuit Finance Australia v Sobbi & Anor [2010] NSWSC 912 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 13 August 2010
JUDGMENT DATE : 18 August 2010
JUDGMENT OF : Ball J
1. A declaration that the first defendant be found guilty of contempt of court for his breach of an undertaking given by him through his solicitor to the court on 14 April 2010, as charged in the statement of charge filed with the notice of motion dated 19 May 2010.; DECISION : 2. An order that the first defendant pay a fine of $1,500; 3. The first defendant pay the plaintiff's costs on an indemnity basis.
CATCHWORDS : CONTEMPT - penalty - motive of contemnor - contrition - limited financial means - indemnity costs awarded - fine imposed
Crimes (Sentencing Procedure) Act 1999 (NSW) LEGISLATION CITED : Fines Act 1996 (NSW) Supreme Court Rules 1970 (NSW)
CATEGORY : Consequential orders
Attorney-General v Whiley (1993) 31 NSWLR 314 at 320 Australian Securities & Investments Commission v Michalik [2004] NSWSC 1259; [2004] 52 ACSR 115 CASES CITED : McGuirk v University of New South Wales [2010] NSWSC 448 Principal Registrar of the Supreme Court of NSW v Jando (2001) 53 NSWLR 527 Registrar of the Court of Appeal v Maniam (No 2) 26 NSWLR 309
Circuit Finance Australia Limited (Receivers & Managers Appointed) (In Liquidation) (Plaintiff) PARTIES : David Sobbi (First Defendant) Arezoo Chahili (Second Defendant)
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