Mirembe Pty Ltd v Craig Dangar

Mirembe Pty Ltd was the plaintiff in a proceeding in the Federal Circuit Court, suing Craig Dangar for breaches of contract, torts of trespass and nuisance, and other claims. The court made a number of orders against Dangar, including that he pay the plaintiff $200,000 for damages. Dangar did not comply with the orders, and the plaintiff brought a motion for contempt against him in the Federal Circuit Court. Dangar did not appear for the hearing of the motion. The court was required to determine whether it had jurisdiction to hear the motion, and whether the plaintiff was entitled to a contempt order against Dangar.

The court found that it did have jurisdiction to hear the motion, even though the respondent was not present. It found that there were exceptional circumstances that justified hearing the motion in the absence of the respondent, including that there was a likelihood that the orders would not be complied with, and that the plaintiff would suffer further loss if the matter was adjourned. The court also found that the plaintiff was entitled to a contempt order against Dangar. It found that Dangar had deliberately failed to comply with the orders, and that there was no reasonable excuse for his failure. The court made a contempt order against Dangar, and committed him to imprisonment for 30 days, with a fine of $1,000. It also ordered him to pay the plaintiff's costs of the motion.