Dong v Song (No 4)

The case of Dong v Song (No 4) involved a dispute between the parties over the sale of a residential property. The matter was heard in the Supreme Court of New South Wales. The first defendant, Mr Song, had provided an undertaking to the court not to sell the property in question. However, he subsequently breached this undertaking by listing the property for sale. This led to the first plaintiff, Mr Dong, seeking a declaration that Mr Song's conduct amounted to criminal contempt of court.

The central legal issue before the court was whether Mr Song's breach of the undertaking constituted criminal contempt. The court needed to determine the nature and scope of what could be considered contempt of a criminal nature in this context. The court considered whether Mr Song's actions were sufficiently serious to warrant a finding of criminal contempt, or if they fell within the realm of civil contempt, which would not result in criminal penalties.

In its judgment, the court found that Mr Song's breach of the undertaking did not amount to criminal contempt. The court held that the nature of the undertaking and the circumstances surrounding its breach did not rise to the level of serious misconduct that would constitute criminal contempt. Instead, the court considered the matter to be one of civil contempt, which could be addressed through orders for compliance or other appropriate remedies. Consequently, the court dismissed the application for a declaration of criminal contempt.

The court made no orders for costs, as it found that the application was not frivolous or vexatious. The court's decision clarified the boundaries of what constitutes criminal contempt in the context of undertakings given to the court, emphasizing the need for a high threshold of seriousness to warrant criminal penalties.