Council of the City of Sydney v Mae (No 2)

The case between the Council of the City of Sydney and Garnet Alexander Mae was before the court to address a charge of contempt. The defendant, Mae, was found to have contravened a court order related to the management of a property in Surry Hills. The court was tasked with determining both the guilt of the defendant on the charge of contempt and the appropriate penalty to be imposed.

The legal issues before the court included whether Mae's actions constituted contempt of court and, if so, what form the penalty should take. The court needed to consider the nature of the contempt, the degree of wilfulness involved, and the necessity of any penalty to uphold the authority of the court and deter future breaches.

The court found Mae guilty of contempt, noting his persistent disregard for the court's orders. In determining the penalty, the court considered the need for deterrence and the potential to rehabilitate Mae. The court opted for a sentence of 450 hours of community service and a fine of $54,000, alongside an order for Mae to cover the Council's legal costs and disbursements. These orders were designed to reflect the seriousness of the contempt while also providing a means for Mae to make amends and contribute to the community.