Commonwealth Bank of Australia v Salvato (No.5) [2013] NSWSC 924

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Salvato (No.5) [2013] NSWSC 924 Hearing dates: 19/06/2013 Decision date: 12 July 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) Mr Salvato is ordered to serve a term of imprisonment of three months. Such term of imprisonment is not to commence before Monday 5 August 2013. (2) Mr Salvato is ordered to pay a fine of $10,000 on or before 2pm Friday 2 August 2013. Such fine is to be paid to the Principal Registrar of the Supreme Court of NSW. (3) The term of imprisonment in Order 1, is suspended until 4 August 2015, provided that: (i) Order 2 is complied with; and (ii) Mr Salvato has not engaged, within that period of suspension, in any conduct which is found to be in contempt of Court. (4) Mr Salvato is to pay the costs of the Commonwealth Bank of Australia of the proceedings for contempt, including the proceedings on penalty, on an indemnity basis. (5) Liberty to apply on 72 hours' notice. Note: if Order 3(ii) is not complied with, then Mr Salvato will be required to serve the term of imprisonment in Order 1, in addition to any penalty imposed for the subsequent contempt. Catchwords: CONTEMPT OF COURT - defendant guilty of deliberate and intentional contempt of court -appropriate penalty - lack of apology - no evidence tendered -general and specific deterrence - punishment for offence to administration of justice - suspended term of imprisonment Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney-General (NSW) v Macquarie Publications Pty Ltd (1988) 40 A Crim R 405; Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98; Commonwealth Bank of Australia v Salvato (No.4) [2013] NSWSC 321; Director of Public Prosecutions v John Fairfax & Sons Ltd (1987) 8 NSWLR 732; Durack v Gallagher (1982) 44 ALR 272; (1982) FLR 459; R v West Australian Newspapers Ltd; Ex parte DPP (WA) (1995) 16 WAR 508 Smith v R (1991) 25 NSWLR 1; Superstar Australia Pty Ltd v Coonan & Denlay Pty Ltd (No.2) [1982] FCA 190; (1982) 65 FLR 432 Category: Principal judgment Parties: Commonwealth Bank of Australia (P1) CBFC Ltd (P2) Mimmo Salvato (D1) Victoria Salvato (D2) Representation: Counsel: D A McLure (P1) L Johnson (D1) No appearance (D2) Solicitors: Gadens (P1) L Johnson & Co (D1) Wisdom Lawyers (D2) File Number(s): 2011/143979