| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL AND EQUITY DIVISION
COMMERCIAL COURT
S CI 2010 06056
| CC CONTAINERS PTY LTD and others (according to the attached schedule) | Plaintiffs |
| v | |
| DESMOND MING LEE and others (according to the attached schedule) | Defendants |
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JUDGE: | GINNANE J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 6 October 2015 |
DATE OF JUDGMENT: | 27 October 2015 |
CASE MAY BE CITED AS: | CC Containers Pty Ltd v Lee (No 9) |
MEDIUM NEUTRAL CITATION: | [2015] VSC 595 |
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CONTEMPT OF COURT – Freezing Order – Breaches – Penalty – Whether Court should convict – Appropriate Penalty – Fines – Costs – Supreme Court of Victoria (General Civil Procedure Rules 2005 (Vic) R 75.11.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr J M Brereton | K & L Gates |
| For the third Defendant | Dr B Orow | Jack Bock Lawyers |
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 two charges of contempt of court proved against Mr Kevin Seng Yee Chong, the third defendant.[1] The contempts consisted of breaches of a freezing order.
The proceeding was relisted and the parties made submissions as to the appropriate orders, including penalties, that the Court should make.
Rule 75.11(1) of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) (‘the Rules’) provides that the Court may punish a natural person for contempt ‘by committal to prison or fine or both’.
Mr Chong was not personally served with a copy of the order and it was conceded that that fact prevented the Court exercising the power of committal.[2]
[2]Chan v Chen (No 2) [2007] VSC 24, [33].
In Deputy Commissioner of Taxation v Gashi (No 3),[3] Dixon J listed considerations relevant to determining an appropriate penalty for contempt of court. I will refer to a number of those considerations which are of particular relevance in this instance.
[3][2011] VSC 448 [5].
In respect of Mr Chong’s personal circumstances, I was informed that he is 46 years old and had been employed as a manager by CC Containers. He is now bankrupt. His present employment is limited to performing some casual waiting work in a restaurant. He is separated from his wife and has a daughter. He suffers from a diabetic condition.
In respect of the nature and circumstances of the contempts, I found in the principal judgment that the contempts were of two categories. First, there were withdrawals of amounts totalling $81,375.17 in breach of the freezing order caused by Mr Chong permitting direct debits to continue to be…
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- AGLC
- CC Containers Pty Ltd v Lee (No 9) [2015] VSC 595
- Case
- [2015] VSC 595
- Decision Date
CaseChat Overview and Summary
The court found that Lee had indeed breached the freezing order by transferring assets to his wife, thereby circumventing the court's directive. The court emphasised the importance of adhering to court orders to maintain the integrity of the legal process. In determining the penalty, the court considered the seriousness of the breaches, the intent behind them, and the need to deter future breaches. The court ultimately imposed a fine and ordered Lee to pay costs, reflecting the gravity of the breaches and the need to uphold the authority of the court.
The court's reasoning highlighted the need for strict compliance with court orders, particularly freezing orders, which are designed to preserve assets pending the outcome of litigation. The penalty imposed was intended to serve as both a punishment for Lee's actions and a deterrent for future breaches. The court's decision underscores the importance of respecting court orders and the potential consequences of non-compliance.
The final orders included a fine of $20,000 and an order for Lee to pay costs in the sum of $30,000, to be paid within 28 days. The court's decision reinforces the principle that breaches of court orders will be met with appropriate penalties to ensure the enforcement of judicial directives.
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
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Ratio Decidendi
Legal Principle Established
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