Attorney General v Morrison [No 2]

The Attorney General brought proceedings against Robert Noel Morrison (Mr Morrison Snr) and Robert Frank Morrison (Mr Morrison Jnr) for criminal contempt of court for the sale of a property in contravention of an undertaking given to the State Administrative Tribunal. The proceedings arose from a report to this court concerning the conduct of the Morrisons by the President of the Tribunal on 2 September 2021 pursuant to s 100(1) of the State Administrative Tribunal Act 2004 (WA) (SAT Act). Mr Morrison Snr gave an undertaking to the Tribunal not to deal with the property in question for a week while the Tribunal considered a proposal for an interlocutory injunction. The undertaking was given by Mr Morrison Snr in the presence of Mr Morrison Jnr, who attended the Tribunal hearing with him. At the time he gave the undertaking, Mr Morrison Snr did not disclose to the Tribunal that he had already entered into a contract to sell the property to Mr Morrison Jnr. Further, Mr Morrison Jnr did not disclose that the property had been sold to him. On 6 August 2021, settlement of the sale of the property from Mr Morrison Snr to Mr Morrison Jnr was completed and the property was transferred to Mr Morrison Jnr. The Attorney General alleged that the sale of the property by Mr Morrison Snr in contravention of the undertaking and the conduct of Mr Morrison Jnr in aiding and abetting the contravention constitute contempt of court. The court found that the terms of the undertaking were clear and unambiguous. Mr Morrison Snr was aware that settlement had not yet occurred by 8.14 am on 6 August 2021. Despite the undertaking, he did not cancel the settlement. To the contrary, in response to a specific written question from the settlement agent whether he wished to proceed with settlement on that date, he instructed her to proceed and provided the signed instruction to the settlement agent to do so. Thereafter, settlement proceeded and the form effecting the transfer of the property from Mr Morrison Snr to Mr Morrison Jnr was lodged with Landgate and the relevant funds were transferred to Mr Morrison Snr's nominated account. The court found Mr Morrison Snr's conduct to be a conscious defiance of the Tribunal's authority. Mr Morrison Jnr knew that settlement of the sale of the property had not occurred at the time Mr Morrison Snr gave the undertaking on 5 August 2021. He did not, in his capacity as the buyer of the property, ask the settlement agent not to proceed with settlement in light of the undertaking similar to Mr Morrison Snr. To the contrary, in response to a specific written question from the settlement agent whether he wished to proceed with settlement on that date, he instructed that settlement proceed. He thereby wilfully engaged in conduct to enable Mr Morrison Snr to complete the sale and transfer of the property in breach of the undertaking. Mr Morrison Jnr ignored the undertaking because he wanted the settlement to proceed as soon as possible to end the mental strain and pressure on everyone. He was prepared to do whatever it took for settlement to proceed. The court found Mr Morrison Jnr to be an unreliable witness. It was clear that he was prepared to say whatever was necessary to justify his part in Mr Morrison Snr's breach of the undertaking. He did not take the order of the Tribunal nor the undertaking given by Mr Morrison Snr seriously. The court convicted both Mr Morrison Snr and Mr Morrison Jnr of criminal contempt of court.