Young v Smith (No 4) [2017] NSWSC 1443

Supreme Court New South Wales

Medium Neutral Citation: Young v Smith (No 4) [2017] NSWSC 1443 Hearing dates: 20 October 2016 Date of orders: 25 October 2017 Decision date: 25 October 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court records a conviction for the offence of contempt committed by Josephine Aapa Smith ("the Contemnor");

(2) The Court sentences the Contemnor to a term of imprisonment of 6 months, fixed term. The Court suspends execution of the whole of the sentence for a period of 6 months and directs that the Contemnor be released from custody on condition that she enter into a good behaviour bond for the said period of 6 months. The sentence will commence on and from 25 October 2017;

(3) The Court imposes a fine on the Contemnor of $50,000, in addition to the foregoing sentence of imprisonment;

(4) The Contemnor shall pay the plaintiff's costs of and incidental to these proceedings on an indemnity basis;

(5) Any party who seeks a different or special order as to costs may apply within seven (7) days of the date of this Judgment by filing a submission with the Associate to his Honour Justice Rothman. Such submission shall be no more than three (3) pages in length. Any party affected by any such application may reply to said application by a submission of the same length within 7 days of receipt of the application. Catchwords: CONTEMPT – dealing by way of mortgage with property that was subject to freezing orders – conduct designed to obtain benefit for contemnor and to deprive plaintiff of proceeds of earlier litigation – administration of justice and authority of the Court affected – sentence imposed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 3A Supreme Court Rules 1970, Pt 55 r 13 Cases Cited: Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483; [1965] HCA 21 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46 Commissioner for Fair Trading v Rixon (No 3) [2014] NSWSC 1279 NCR Australia v Credit Connection [2005] NSWSC 1118 Paccar Financial Pty Ltd v Ian Menzies & Colleen Menzies (No 2) [2015] NSWSC 1622 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Veen v The Queen (No 2) (1988) 164 CLR 465 at 476; [1988] HCA 14 Witham v Holloway (1995) 183 CLR 525 at 530; [1995] HCA 3 Young v Smith (No 2) [2015] NSWSC 1267 Young v Smith (No 3) [2016] NSWSC 1051 Young v State of New South Wales & Ors; Young v Young (No 2) [2013] NSWSC 330 Category: Sentence Parties: Joanne Elizabeth Young (Plaintiff) Josephine Aapa Smith (Contemnor) Representation: Counsel: D Campbell SC with J Sheller (Plaintiff)