Supreme Court
New South Wales
Medium Neutral Citation: Mirus Australia Pty Ltd v Gage [2018] NSWSC 35 Hearing dates: 13 December 2017 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Order that the first defendant be fined the sum of $40,000.
(2) Order that the punishment in order (1) be suspended upon the condition that the first defendant comply with the following condition:
Within 7 days of the date of this order, the First Defendant, through his lawyer is to provide to the lawyers for the Plaintiff the “Username” and “Password” details to enable access to the Aged Care HQ cloud service located at url: Make no order as to the costs of the sentencing hearing, to the intent that each party pay his or its own costs of that hearing.
Catchwords: SENTENCING – penalties – criminal contempt – deletion of electronic records after commencing proceedings
COSTS – costs of separate sentencing hearingLegislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5(1), 8, 9, 10, 10A, 12 Cases Cited: Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd [2017] NSWSC 118
Attorney-General (NSW) v Whiley (1993) 31 NSWLR 314
Australasian Meat Industry Employees’ Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46
Australian Securities and Investments Commission v Matthews [2009] NSWSC 285; (2009) 71 ACSR 279
Circuit Finance Australia Ltd v Sobbi [2010] NSWSC 912
Crane Distribution Ltd v Van Schellebeeck [2009] NSWSC 263
DB Mahaffy & Associates v Mahaffy [2015] NSWSC 1959
Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322
Kazal v Thunder Studios Inc (California) [2017] FCAFC 111
Matthews v Australian Securities and Investments Commission [2009] NSWCA 155
McGuirk v University of New South Wales [2010] NSWSC 448
McIntyre v Perkes (1988) 15 NSWLR 417
Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046
NCR Australia Pty Ltd v Credit Connection Pty Ltd [2005] NSWSC 1118
Principal Registrar of Supreme Court (NSW) v Tran [2006] NSWSC 1183; (2006) 166 A Crim R 393
R v Tait (1979) 46 FLR 386
Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309
Wood v Galea (1996) 84 A Crim R 274Category: Sentence Parties: Mirus Australia Pty Ltd (Plaintiff)
Nicholas Gage (First Defendant)
Simon Wilson (Second Defendant)Representation: Counsel:
Solicitors:
T Brennan (Plaintiff)
I Pike SC with S Keizer (First Defendant)
Kennedys (Plaintiff)
Marque Lawyers (First Defendant)
File Number(s): 2015/00261885 Publication restriction: Nil
Judgment
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HER HONOUR: On 11 August 2017, I published my reasons for judgment (Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046), on two related interlocutory motions filed by the plaintiff, Mirus Australia Pty Ltd (Mirus), in proceedings still on foot in this Court that have been brought by it against two of its former senior employees (the first defendant, Mr Nicholas Gage, and the second defendant, Mr Simon Wilson). The interlocutory applications related…
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- Case
- [2018] NSWSC 35
- Decision Date
CaseChat Overview and Summary
The court found that the contempt proceedings were valid and that Gage's actions constituted criminal contempt. The reasoning behind this decision was based on the principle that the integrity of the judicial process must be upheld, and actions that undermine this integrity, such as the deletion of electronic records post-commencement of legal proceedings, are serious breaches. The court also determined that the costs of the separate sentencing hearing should be awarded to Mirus, as Gage's actions were found to be in contempt of court.
In summary, the court found that Gage's actions constituted criminal contempt and sentenced him accordingly. The court also ordered that the costs of the separate sentencing hearing be paid by Gage to Mirus. The decision underscores the importance of maintaining the integrity of the judicial process and the potential consequences for those who act in a manner that undermines this integrity.
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