JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: PETERSON -v- CECCON [No 2] [2024] WASC 387
CORAM: LEMONIS J
HEARD: 12 SEPTEMBER 2024
DELIVERED : 18 OCTOBER 2024
PUBLISHED : 23 OCTOBER 2024
FILE NO/S: CIV 2018 of 2023
BETWEEN: JASON WILLIAM GOULD PETERSON
First Plaintiff
CELTIC CAPITAL PTY LTD AS TRUSTEE FOR THE CELTIC CAPITAL TRUST
Second Plaintiff
AND
CRISTINA CECCON
Defendant
Catchwords:
Contempt - Defendant deliberately breached orders made against her - Second occasion where the defendant has committed contempt by reason of breaching those orders - Consideration of applicable principles - Penalty imposed
Legislation:
Civil Judgments Enforcement Act 2004 (WA)
Legal Profession Uniform Law Application Act 2022 (WA)
Rules of the Supreme Court 1971 (WA)
Sentencing Act 1995 (WA)
Result:
Defendant sentenced to imprisonment for 15 weeks commencing 18 October 2024
Category: B
Representation:
Counsel:
| First Plaintiff | : | J MacLaurin SC |
| Second Plaintiff | : | J MacLaurin SC |
| Defendant | : | In person |
Solicitors:
| First Plaintiff | : | Armeli & Molony Lawyers |
| Second Plaintiff | : | Armeli & Molony Lawyers |
| Defendant | : | Not applicable |
Case(s) referred to in decision(s):
Caratti v Boban Ltd (Administrators Appointed) [No 2] [2015] WASC 139
Celtic Capital Pty Ltd as Trustee for the Celtic Capital Trust v Ceccon [2022] WASC 205
Kazal v Thunder Studios Inc (California) [2017] FCAFC 111
Peterson v Ceccon [2023] WASC 488
R v T [2022] WASCA 34
LEMONIS J:
(These reasons were delivered orally on 18 October 2024. They have been amended to correct matters of language, to include full references to authorities, orders and legislation, and to include citations. They also have been amended to include source references to the evidence.)
Background
These reasons concern an application for contempt brought by the plaintiffs (Mr Peterson and Celtic) against the defendant (Ms Ceccon). Mr Peterson is the director of Celtic.
The contempt is constituted by Ms Ceccon's conduct in breach of orders made by the Honourable Justice Archer on 13 September 2023 (the Primary Orders). Ms Ceccon admits the contempt.[1]
[1] Hearing 18 July 2024.
This is now the second occasion that Ms Ceccon will be penalised for contempt constituted by a breach of the Primary Orders. On 19 December 2023, Archer J sentenced Ms Ceccon to a term of imprisonment of 3 months, on the condition that the commitment to prison not be executed if by a certain date Ms Ceccon paid a fine of $25,000 and the plaintiffs' legal costs in the sum of $28,000.[2] Ms Ceccon paid those amounts by the required date and therefore was not required to serve the term of imprisonment.
[2] Peterson v Ceccon [2023] WASC 488 [104] (Ceccon No. 1).
The background to the making of the Primary Orders is as follows.
On 21 June 2022, the Honourable Justice Smith delivered reasons in respect of civil proceedings brought by Celtic against Ms Ceccon.[3]
[3] Celtic Capital Pty Ltd as Trustee for the Celtic Capital Trust v Ceccon
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- AGLC
- Peterson v Ceccon [No 2] [2024] WASC 387
- Case
- [2024] WASC 387
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine the appropriate penalty for the defendant's contempt, given the repeat nature of her breaches of court orders. The court was required to consider the principles applicable to contempt cases, particularly those concerning the seriousness of the breach and the necessity of imposing a penalty that would deter future breaches. The court also had to balance the need for punishment with the importance of maintaining the integrity and authority of the court.
The court found that the defendant's actions were a serious breach of the court's orders, and her deliberate nature in doing so warranted a significant penalty. The repeat nature of her contempt further emphasised the need for a strong deterrent. The court imposed a penalty that reflected the seriousness of the contempt, aiming to uphold the authority of the court and deter future breaches. The court's decision was grounded in the principles of maintaining the rule of law and ensuring that court orders are respected and adhered to by all parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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