Al Muderis v Duncan (No 4) [2018] NSWSC 925

Supreme Court New South Wales

Medium Neutral Citation: Al Muderis v Duncan (No 4) [2018] NSWSC 925 Hearing dates: 09 November 2017 Date of orders: 14 June 2018 Decision date: 14 June 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) The second defendant/contemnor is guilty of criminal and civil contempt for counts 1, 2, 3, 6, 7, 8 and 9 of the Statement of Charge filed herein;

(2) The second defendant/contemnor is guilty of civil contempt in relation to counts 4, 5, 10 and 11 of the Statement of Charge filed herein;

(3) The plaintiff/prosecutor shall bring in a minute of order in relation to permanent injunctions, the necessary changes being made, in the terms of the interlocutory injunctions that have already issued;

(4) The Court will hear the parties on appropriate penalty;

(5) The second defendant/contemnor shall pay the plaintiff/prosecutor's costs of and incidental to the proceedings on an indemnity basis;

(6) Submissions on penalty shall be in writing:

(a) The plaintiff/prosecutor shall file and serve (in accordance with the orders for substituted service) any further submissions on penalty within 21 days of this judgment;

(b) The second defendant/contemnor shall file and serve written submissions in relation to the penalty within 21 days of the date of any email sent to the second defendant/contemnor by the plaintiff/prosecutor containing the further written submissions on penalty, if any;

(c) If written submissions are filed by the second defendant/contemnor, the matter will be listed for hearing on a date to be fixed. Catchwords: CONTEMPT – finding of guilt – charges of non-compliance with a breach of Court orders – deliberate defiance of Court orders freezing assets and enjoining second defendant/contemnor from maintaining or publishing certain defamatory imputations – discussion of civil and criminal contempt – four charges treated as civil contempt – seven charges held to be both civil and criminal contempt – finding of guilt made – penalty to be subject to further submissions