Commissioner for Fair Trading v Rixon (No.3) [2014] NSWSC 1279

Supreme Court New South Wales

Medium Neutral Citation: Commissioner for Fair Trading v Rixon (No.3) [2014] NSWSC 1279 Hearing dates: 16/05/14, 26/06/14, 29/08/2014 Decision date: 19 September 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) I impose on Mr Rixon a term of imprisonment for a period of 18 months to commence on 19 September 2014 and to conclude on 18 March 2016. (2) I suspend the term of imprisonment upon the following conditions: (a)that throughout the period of the term, Mr Rixon is of good behaviour; (b)that throughout the period of the term, Mr Rixon complies with the orders of the Court made on 17 April 2013; (c)that throughout the period of the term, Mr Rixon undertakes 300 hours of community service, which must be completed in accordance with the directions of, and to the satisfaction of, Hornsby Community Corrections Office. (3) I direct that Mr Rixon is to report to the Hornsby Community Corrections Office at 61 Hunter Street, Hornsby no later Wednesday 24 September 2014. (4) I order Mr Rixon to pay the plaintiff's costs of the proceedings on an indemnity basis. Catchwords: CONTEMPT OF COURT - sentencing - summary jurisdiction -breach of consent orders preventing conduct with respect to residential building work - serious example of contempt - deliberate and intentional conduct with knowledge of Court's orders - prior criminal history - apology and repayment of monies; whether represents genuine contrition - fine; whether appropriate - term of imprisonment; whether appropriate - no notice pursuant to Uniform Civil Procedure Rules, r 40.7 - no informal warning - discretion to impose term of imprisonment; whether appropriate to exercise - need for specific deterrence - suspended term of imprisonment - community service order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Home Building Act 1989 Uniform Civil Procedure Rules 2005 Cases Cited: Attorney-General for NSW v Whiley (1993) 31 NSWLR 314 Australian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 Commissioner for Fair Trading v Rixon (No.2) [2014] NSWSC 431 Commonwealth of Australia v Salvato (No.4) [2013] NSWSC 321 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Narkarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 NRC Australia Pty Ltd v The Credit Connection Pty Ltd [2005] NSWSC 1118 Principal Registrar of the Supreme Court of New South Wales v Jando (2001) 53 NSWLR 527 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Category: Principal judgment Parties: Commissioner of Fair Trading (P) Matthew Geoffrey Rixon (D) Representation: Counsel: G Sarginson (P) A R Martin (D) Solicitors: C Dreis (P) A Martin (D) File Number(s): 2012/382762