Commissioner for Fair Trading v Rixon (No 3)

The appellant was found guilty of contempt of court for breaching consent orders that prohibited him from engaging in residential building work. The matter was heard in the Supreme Court of New South Wales. The appellant argued that a fine and community service order were sufficient, while the respondent submitted that a term of imprisonment, either fully served or suspended, was necessary to ensure specific deterrence and to uphold the authority of the court.

The court considered whether the appellant's conduct represented a serious example of contempt, whether the imposition of a term of imprisonment was appropriate, and whether the lack of notice and informal warning affected the court's discretion. The court found that the appellant's conduct was deliberate and intentional, with knowledge of the Court's orders, and that there was a need for specific deterrence. Despite the lack of notice and informal warning, the court exercised its discretion to impose a term of imprisonment, which was ultimately suspended, along with a community service order.

The court ordered that the appellant pay a fine and perform community service, with the term of imprisonment being suspended. The court held that the circumstances justified the imposition of a term of imprisonment, but that the suspension of the term, coupled with the fine and community service order, was an appropriate outcome given the appellant's apology and repayment of monies, which the court found to represent genuine contrition. The court emphasised the importance of upholding the authority of the court and ensuring specific deterrence in cases of contempt.