Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280 Hearing dates: 26 September 2016; 29 September 2016 Date of orders: 29 September 2016 Decision date: 14 October 2016 Before: Meagher JA Decision: In proceedings 2015/171520, order:

1. That the defendant, Colleen Anne Menzies, be discharged and released from the correctional centre where she is presently imprisoned. 2. For the purpose of giving effect to order 1, revoke the sentence warrant dated 6 September 2016 in relation to the defendant's imprisonment.

In proceedings 2015/171519, upon the defendant, Ian David Menzies, undertaking to the Court that he will make reasonable inquiries as to the whereabouts of the missing compliance plates to the two trucks and two of the four trailers and as to the whereabouts of any missing bull bars, bumper bars, radios and hand rails and delivers up any of those items which he obtains as a result of those inquiries within 14 days of 29 September 2016, make the following orders:

1. That the defendant, Ian David Menzies, be discharged and released from the correctional centre where he is presently imprisoned. 2. For the purpose of giving effect to order 1, revoke the sentence warrant dated 6 September 2016 in relation to the defendant's imprisonment. Catchwords: CONTEMPT – where appeal from findings of contempt – where punishment imposed is fixed terms of imprisonment – where by motion in appeal proceedings, appellants apply under Supreme Court Rules Pt 55 r 14 for orders discharging and releasing each of them from prison – whether changed circumstances, including compliance with relevant orders of the Court, acknowledgment of seriousness of contempts and contrition, justify orders for release Legislation Cited: Bail Act 2013 (NSW), s 90 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3(1), 4(3) Supreme Court Act 1970 (NSW), s 101(5) Supreme Court Rules 1970 (NSW), Pt 55, rr 13, 14 Cases Cited: Attorney-General v James [1962] 2 QB 637 Attorney-General for New South Wales v Whiley (1993) 31 NSWLR 314 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Crowley v Brown [1964] 1 WLR 147 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351 Menzies v Paccar Financial Pty Ltd [2013] NSWCA 283 Menzies v Paccar Financial Pty Ltd (No 4) [2014] NSWCA 210 Paccar Financial Pty Ltd v Ian Menzies & Colleen Menzies [2015] NSWSC 501 Paccar Financial Pty Ltd v Ian Menzies & Colleen Menzies (No 2) [2015] NSWSC 1622 Paccar Financial Pty Ltd v Menzies; Menzies v Paccar Financial Pty Ltd (No 5) [2013] NSWSC 772 Pelechowski v Registrar, Court of Appeal (1998) 72 ALJR 711 Principal Registrar of the Supreme Court of NSW v Jando [2001] NSWSC 969 R v Dent [2016] NSWSC 444 R v Metal Trades Employers' Association; Ex parte Amalgamated Engineering Union (1951) 82 CLR 208 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 United Mexican States v Cabal (2001) 209 CLR 165; [2001] HCA 60 Young v Registrar, Court of Appeal [No 3] (1993) 32 NSWLR 262 Category: Consequential orders (other than Costs) Parties: Colleen Anne Menzies (First Appellant) Ian David Menzies (Second Appellant) Paccar Financial Pty Ltd (Respondent) Representation: Counsel: Appellants in person S P Brennan as amicus curiae, assisting the appellants P Stitz (Respondent) J Harris as amicus curiae, assisting the Attorney General