| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL AND EQUITY DIVISION
COMMERCIAL COURT
S CI 2010 06056
| CC CONTAINERS PTY LTD & ORS (according to the attached Schedule) | Plaintiffs |
| v | |
| DESMOND MING LEE & ORS (according to the attached Schedule) | Defendants |
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JUDGE: | GINNANE J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 30 November 2015 |
DATE OF JUDGMENT: | 21 December 2015 |
CASE MAY BE CITED AS: | CC Containers Pty Ltd v Lee (No 10) |
MEDIUM NEUTRAL CITATION: | [2015] VSC 757 |
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CONTEMPT OF COURT — Breaches of freezing order — Breaches wilful — Whether Court should convict — Appropriate penalty — Supreme Court of Victoria (General Civil Procedure) Rules 2005 r 75.11.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr J Brereton | K & L Gates |
| For the First Defendant | Mr G L Meehan and Mr M Guthrie | Rothwell Lawyers Pty Ltd |
SCHEDULE OF PARTIES
S CI 2010 06056 BETWEEN: CC CONTAINERS PTY LIMITED Firstnamed Plaintiff MEDITERRANEAN SHIPPING COMPANY (AUST) PTY LTD Secondnamed Plaintiff MSC MEDITERRANEAN SHIPPING COMPANY SA Thirdnamed Plaintiff - and - DESMOND MING LEE Firstnamed Defendant LEE HOLDINGS (AUSTRALIA) PTY LTD Secondnamed Defendant KEVIN SENG YEE CHONG Thirdnamed Defendant KAIN PATT CHONG Fourthnamed Defendant GEORGE PANTZOGLOU Fifthnamed Defendant CHRISTOPHER HOWARD NEALE Sixthnamed Defendant
HIS HONOUR:
On 9 September 2015, I found that the plaintiffs had proved beyond reasonable doubt four charges of contempt of court by Mr Desmond Ming Lee contained in their summons dated 20 December 2012.[1] The contempts consisted of breaches of a freezing order made on 9 November 2010 and served on Mr Lee the following day.
The proceeding was re‑listed and the parties made submissions as to the appropriate orders, including penalties, that the Court should make (‘the second hearing’).
Rule 75.11(1) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) provides that the court may punish a natural person for contempt by committal to prison or fine or both.
In Deputy Commissioner of Taxation v Gashi (No 3),[2] Dixon J listed considerations relevant to determining an appropriate penalty for contempt of court and I will refer to a number of those considerations which are of particular relevance in this case.
[2][2011] VSC 448 [5].
The first three charges that I found proved were connected and related to transactions that occurred on 10 November 2010, which was the day after the freezing order was made. By a series of transactions, Mr Lee transferred the sum of $300,000.00 from a National Australia Bank account to a Crown gaming account in his name. The amount of $300,000.00 was used to purchase a gaming chip voucher.
The records of Mr Lee’s Crown gaming account show gambling transactions between 10 November 2010 and 6 January 2011 on his gaming account. His account had reached a zero balance by 6 January 2011.
I also found that Mr Lee withdrew a further sum of $5,000.00 at approximately 5.46 pm on 10…
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- AGLC
- CC Containers Pty Ltd v Lee (No 10) [2015] VSC 757
- Case
- [2015] VSC 757
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the breaches of the freezing order were indeed wilful and whether the court should convict the defendant for contempt. Additionally, the court needed to decide on the appropriate penalty for the defendant if found guilty of contempt. The legal principles in question centred around the Supreme Court of Victoria (General Civil Procedure) Rules 2005, specifically Rule 75.11, which governs the imposition of penalties for contempt of court.
In its reasoning, the court found that the defendant had indeed wilfully breached the freezing order. The court held that the breaches were not accidental or due to negligence but were deliberate actions on the part of the defendant. Consequently, the court convicted the defendant for contempt of court. Regarding the penalty, the court imposed a fine on the defendant, considering the nature and seriousness of the breaches. The court concluded that the fine should serve as both a punishment and a deterrent for any future breaches of court orders.
The final orders of the court included the conviction of the defendant for contempt of court and the imposition of a fine. The court's decision emphasised the importance of adhering to court orders and the severe consequences of wilfully disregarding them.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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