The Prothonotary of the Supreme Court of New South Wales v Coren [2017] NSWSC 754

Supreme Court New South Wales

Medium Neutral Citation: The Prothonotary of the Supreme Court of New South Wales v Coren [2017] NSWSC 754 Hearing dates: 31 May 2017 Date of orders: 13 June 2017 Decision date: 13 June 2017 Jurisdiction: Common Law Before: Walton J Decision: (1) The Court declares Mr Coren is guilty of contempt of the Supreme Court of New South Wales in that, on or about 10 May 2013, he engaged in conduct that had a tendency to frustrate orders of the Supreme Court made on 9 June 2011 for possession of a property, by providing his client, Ian Anderson, with a letter or draft to the effect that the orders will be deemed never to have been entered into, from which his client concluded that he could disregard the orders and retake possession of the property.

(2) Mr Coren is convicted of the contempt so declared.

(3) Mr Coren is sentenced to 150 hours of community service.

(4) Mr Coren is to report to Newcastle Community Corrections Office at Level 2, 7-9 Kelton Street, Cardiff NSW 2285 within 48 hours between the hours of 9.30 am and 4.30 pm.

(5) Under s 93 of the Crimes (Sentencing Procedure) Act 1999 written notice of these orders is to be given to Mr Coren and to the Commissioner of Corrective Services, in the terms here specified.

(6) Mr Coren shall pay the Prothonotary's costs of the proceedings in the sum of $40,000. Catchwords: CONTEMPT – sentencing principles – objective seriousness – awareness of consequences – actual consequences – reasons for contempt – apology – public expressions of contrition – characteristics and antecedents of the contemnor – personal deterrence – likelihood of reoffending – general deterrence – denunciation of contempt – personal circumstances of the contemnor – plea of guilty – utilitarian value of plea – exceptional circumstances test – sentencing – maximum penalty – available penalties – imprisonment not appropriate – s 10 application – community service orders – costs – orders made Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Sentencing Procedure) Regulation 2010 (NSW) Farm Debt Mediation Act 1994 (NSW) Mental Health Act 2007 (NSW) Real Property Act 1900 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Canterbury City Council v AH Ahmed [2016] NSWLEC 160 Commissioner for Fair Trading v Oliver [2004] NSWSC 722 Commissioner for Fair Trading v Rixon (No 3) [2014] NSWSC 1279 Commissioner for Police Integrity Commission v Walker [2006] NSWSC 964 Crane Distribution Ltd v Gary Van Schellebeeck [2009] NSWSC 263 Department of Fair Trading v O'Keefe [2002] NSWSC 398 Director of Public Prosecutions v John Fairfax & Sons Ltd (1987) 8 NSWLR 732 New South Wales v Kable (2013) 252 CLR 118; [2013] HCA 26 NCR Australia Pty Ltd v Credit Connection Pty Ltd [2005] NSWSC 1118 The Prothonotary of NSW v Battye [2017] NSWSC 48 Trad v Pickles Auction Pty Ltd [2006] NSWSC 1177 Paccar Financial Pty Ltd v Menzies (No 2) [2015] NSWSC 1622 Principal Registrar of the Supreme Court of New South Wales v Jando (2001) 53 NSWLR 527; [2001] NSWSC 969 Principal Registrar of the Supreme Court (NSW) v Tran (2006) 166 A Crim R 393; [2006] NSWSC 1183 Prothonotary of the Supreme Court of New South Wales v Ceren [2016] NSWSC 1187 Provident Capital Ltd v Anderson (No 2), unreported, 16 May 2013 Provident Capital Ltd v Anderson (No 3) [2013] NSWSC 705 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Rumble v Liverpool Plains Shire Council (2015) 90 NSWLR 506; [2015] NSWCA 125 R v Dent [2016] NSWSC 444 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Razzak (2006) 166 A Crim R 132; [2006] NSWSC 1366 Waller v Hargrave Secured Investments Ltd (2012) 245 CLR 311; [2012] HCA 4 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Category: Sentence Parties: The Prothonotary of the Supreme Court of New South Wales (plaintiff) Nicholas Mitchell Coren (defendant) Representation: Counsel: D Kell SC (plaintiff) G James QC (defendant)