The Prothonotary of Supreme Court of New South Wales v Battye [2017] NSWSC 48

Supreme Court New South Wales

Medium Neutral Citation: The Prothonotary of Supreme Court of New South Wales v Battye [2017] NSWSC 48 Hearing dates: 6 February 2017 Date of orders: 10 February 2017 Decision date: 10 February 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Mr Battye is convicted of his admitted contempt. (2) Mr Battye is sentenced to perform 375 hours of community service. (3) Mr Battye is to pay the Prothonotary's costs of the proceedings, as agreed or assessed. (4) Mr Battye is to report to Hornsby Community Corrections Office at 61 Hunter Street, Hornsby within 14 days of today's date, between the hours of 9.30 am and 4.30 pm. (5) Under s 93 of the Crimes (Sentencing Procedure) Act written notice of these orders is to be given to Mr Battye and to the Commissioner of Corrective Services, in the terms here specified. Catchwords: CONTEMPT – contempt of the District Court of New South Wales – sentence – solicitor also a shareholder and director of a mining company – transferring shares to a third party in breach of a District Court order – early plea – discount – sincere contrition – prior good record – character – age – mitigating factors – aggravating factors – deterrence – personal circumstances – convicted of admitted contempt – penalty imposed – community service order – s 92 of the Crimes (Sentencing Procedure) Act 1999 (NSW) – costs Legislation Cited: Corporations Act 2001 (Cth) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Sentencing Procedure) Regulation 2010 (NSW) Legal Profession Uniform Law (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ASIC v Sigalla (No 6) (2012) 291 ALR 391; [2012] NSWSC 83 Alafaci v Mangano (No 2) [2009] NSWSC 1366 Commissioner for Fair Trading v Rixon (No 3) [2014] NSWSC 1279 Forestview Nominees Pty Ltd v Perpetual Trustees WA Ltd [1998] FCA 946 Gap Constructions Pty Ltd v Vigar Pty Ltd [2011] NSWSC 1061 Hinch v Attorney-General (Vic) (1987)164 CLR 15; [1987] HCA 56 NCR Australia v Credit Connection [2005] NSWSC 1118 Registrar of Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Ronowska v Kus (No 2) (2012) 221 A Crim R 261; [2012] NSWSC 817 The Queen v Witt [2016] VSC 142 Wood v Staunton (No 5) (1996) 86A Crim R 183 Xiadon Lin v Christopher Battye (Supreme Court (NSW), Bellew J, 29 November 2013, unrep) Xiadon Lin v Christopher Battye (Supreme Court (NSW), Rothman J, 27 March 2014, unrep) Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales (Plaintiff) Christopher Battye (Defendant) Representation: Counsel: Mr D Kell SC (Plaintiff)