D B Mahaffy & Associates v Mahaffy [2015] NSWSC 1959

Supreme Court New South Wales

Medium Neutral Citation: D B Mahaffy & Associates v Mahaffy [2015] NSWSC 1959 Hearing dates: 10 December 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Common Law Before: Schmidt J Decision: Mr David Mahaffy found guilty of the contempt alleged in charges 1, 5, 6, 7, 8, 9, 11 and 13 and order:

(1) Mr David Mahaffy is sentenced to serve a total term of imprisonment of 10 months, to commence from the date of his arrest.

(2) That Mr David Mahaffy pay Mr Jeffrey Mahaffy's costs of these proceedings, other than those dealt with by Garling J in his March 2013 judgment, as agreed or assessed.

(3) A warrant for Mr David Mahaffy's arrest be issued.

(4) A warrant for Mr David Mahaffy for committal to a correctional centre be issued under s 62(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Catchwords: CONTEMPT OF COURT – sentencing – seriousness of contempt proven – money order charges – court behaviour charges – subpoena charge – culpability – reason or motive for the contempt – whether contemnor has received or sought to receive a benefit or gain from the contempt – no expression of genuine contrition – character and antecedents of the contemnor – personal circumstances – deterrence – denunciation of contemptuous conduct – discretion not to convict – punishment – costs – warrant to be issued – term of imprisonment imposed Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: ASIC v Matthews [2009] NSWSC 285 ASIC v Sigalla (No 6) [2012] NSWSC 83; (2012) 291 ALR 391 Australian Consolidated Press Ltd v Morgan [1965] HCA 21; (1965) 112 CLR 483 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 D B Mahaffy & Associates v Mahaffy [2015] NSWSC 66 D B Mahaffy & Associates v Mahaffy [2015] NSWSC 1223 Gallagher v Durack [1983] HCA 2; (1983) 152 CLR 238 Hinch v Attorney-General (Vic) [1987] HCA 56; (1987) 164 CLR 15 Mahaffy v Administrative Appeals Tribunal [2015] FCA 251; (2015) 65 AAR 283 Mahaffy v Mahaffy [2013] NSWSC 245 Mahaffy v Tax Practitioners Board [2015] AATA 173 Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59 NSW Crime Commission v Field [2003] NSWSC 5 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Principal Registrar of the Supreme Court of NSW v Jando [2001] NSWSC 969; (2001) 53 NSWLR 527 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Wyszenko v Wyszenko [2012] NSWSC 732 Category: Principal judgment Parties: D B Mahaffy & Associates (Plaintiff) Jeffrey Mahaffy (Defendant) Representation: Solicitors: Mr D Mahaffy, unrepresented (Plaintiff) Mr J Mahaffy, unrepresented (Defendant) File Number(s): 2010/119143 Publication restriction: None