Supreme Court
New South Wales
Medium Neutral Citation: ASIC v Sigalla (No. 6) [2012] NSWSC 83 Hearing dates: 5 May 2011; 1 June 2011 and written submissions on 15 and 16 June 2011 Decision date: 28 February 2012 Jurisdiction: Equity Division Before: White J Decision: Refer to paragraphs [ 36 ] and [37] of judgment.
Catchwords: COSTS - power to make costs order - no power to order costs under s 76 of Civil Procedure Act 2005 in proceedings that included charges of criminal contempt - power not impliedly conferred by Pt 55 of Supreme Court Rules - s 257C of Criminal Procedure Act 1986 not applicable to summary proceedings in court's inherent jurisdiction for contempt - power conferred by s 23 of Supreme Court Act 1970 - costs order made Legislation Cited: Evidence Act 1995
Civil Procedure Act 2005
Corporations Act 2001 (Cth)
Supreme Court Act 1970
Criminal Procedure Act 1986
Costs in Criminal Cases Act 1967Cases Cited: ASIC v Sigalla (No. 2) [2010] NSWSC 792
ASIC v Sigalla (No. 3) [2010] NSWSC 1076
ASIC v Sigalla (No. 4) [2011] NSWSC 62
ASIC v Sigalla (No. 5) [2012] NSWSC 82
ASIC v Sigalla [2010] NSWSC 606
Director of Public Prosecutions (Commonwealth) v Sexton [2008] NSWSC 352
Garnett v Bradley (1878) 3 App Cas 944
Corporation of Burford v Lenthall (1743) 2 Atk 551; 26 ER 731
Jones v Coxeter (1742) 2 Atk 400; 26 ER 642
Andrews v Barnes (1888) 39 Ch D 133
Rajski v Computer Manufacture and Design Pty Ltd [1982] 2 NSWLR 443
Knight v FP Special Assets Limited (1992) 174 CLR 178
Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 226 CLR 256
Ex parte Van Sandau (1846) 1 Ph 605 at 609-610; 41 ER 763Texts Cited: Jacob, The Inherent Jurisdiction of the Court (1970) 23 Current Legal Problems 23 Category: Costs Parties: Australian Securities & Investments Commission (Plaintiff)
Andrew Sigalla (Defendant)Representation: D R Stack (Plaintiff)
S D Robb QC with C Botsman (Defendant)
Conrad Gray Solicitor (Plaintiff)
File Number(s): 2009/290316
Judgment
HIS HONOUR : This judgment concerns questions of costs.
By its further amended interlocutory process ASIC charged Mr Sigalla with 45 counts of contempt. It elected not to proceed with two charges. Following my rejection of evidence pursuant to s 138 of the Evidence Act 1995 ( ASIC v Sigalla (No. 2) [2010] NSWSC 792) ASIC accepted that there was no evidence to support six further charges in relation to alleged payments to the TAB ( ASIC v Sigalla (No. 3) [2010] NSWSC 1076 at [3]-[4]). I found that there was no case to answer in relation to a further 25 charges relating to the use of credit cards ( ASIC v Sigalla (No. 3) ). I later dismissed a further three charges ( ASIC v Sigalla (No. 4) [2011] NSWSC 62). Mr Sigalla was found guilty of contempt in relation to the remaining nine charges ( ASIC v Sigalla (No.…
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- AGLC
- ASIC v Sigalla (No 6) [2012] NSWSC 83
- Case
- [2012] NSWSC 83
- Decision Date
CaseChat Overview and Summary
The court considered whether the power to make a costs order in criminal contempt proceedings fell under section 76 of the Civil Procedure Act 2005 or if it was subject to a different legislative provision. The court also examined the applicability of section 257C of the Criminal Procedure Act 1986 to summary proceedings within the court's inherent jurisdiction for contempt. Additionally, the court assessed the relevance of section 23 of the Supreme Court Act 1970, which confers a separate power to order costs in contempt proceedings.
The court found that the power to make a costs order in cases of criminal contempt was not conferred by section 76 of the Civil Procedure Act 2005 or by implication under Part 55 of the Supreme Court Rules. Section 257C of the Criminal Procedure Act 1986 did not apply to summary proceedings conducted under the court's inherent jurisdiction for contempt. Instead, the court determined that the relevant power was conferred by section 23 of the Supreme Court Act 1970. Consequently, the court made a costs order in favour of ASIC.
The court's decision clarified the applicable legal framework for making costs orders in criminal contempt cases and reinforced the importance of understanding the distinct provisions of various legislative instruments. The court's ruling ensures that the appropriate legal principles are applied in proceedings involving criminal contempt and summary proceedings in the Supreme Court of Victoria.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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