District Council of Coober Pedy v Naumovic (No 2)

The District Council of Coober Pedy brought proceedings against Mr Naumovic for contempt of court, seeking enforcement of an order made by Judge Dart. Mr Naumovic had disobeyed an order by including restricted information in his pleadings. The primary issue for the court was to determine the appropriate penalty for the contempt, considering the nature and seriousness of the contempt and the circumstances of the contemnor. The court had to balance the need to uphold the authority of the court against the personal circumstances of the contemnor.

The court found that Mr Naumovic's contempt was deliberate and wilful, although it was not at the upper end of the range of seriousness. The court noted that the contempt occurred in the context of Mr Naumovic's pursuit of claims against the Council, but emphasised that motives do not justify or mitigate contempt. The court considered the contemnor's limited insight into the consequences of his conduct, his apology, and his good character, but ultimately found that the contempt was an unacceptable affront to the court and its orders. The court imposed a penalty of a $5,000 fine and ordered that the Council recover 20% of its costs on an indemnity basis, while Mr Naumovic was entitled to recover 80% of his disbursements and out-of-pocket expenses.

In conclusion, the court found Mr Naumovic guilty of contempt and imposed a penalty of a $5,000 fine. The court ordered that the Council recover 20% of its costs on an indemnity basis, while Mr Naumovic was entitled to recover 80% of his disbursements and out-of-pocket expenses. The court emphasised the importance of upholding the authority of the court and ensuring compliance with its orders, while also taking into account the personal circumstances of the contemnor.

The court made no further orders.