| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. S CI 2011 5566
| THE QUEEN | Applicant |
| v | |
| ANDREW VASILIOU | Respondent |
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JUDGE: | BEACH J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 14, 21 - 22 May 2012 | |
DATE OF JUDGMENT: | 25 May 2012 | |
CASE MAY BE CITED AS: | R v Vasiliou | |
MEDIUM NEUTRAL CITATION: | [2012] VSC 216 | |
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CONTEMPT – Tendency to interfere with the due administration of justice – Improper pressure on a party – Threat of violence – Threat of violence for the purpose of intimidating a party – Threat of violence for the purpose of intimidating the presiding judge - Threat of violence for the purpose of improperly influencing the decision of the presiding judge – Abuse – Allegations of impropriety and corruption for the purpose of intimidating the presiding judge – Allegations of impropriety and corruption for the purpose of improperly influencing the decision of the presiding judge.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr H. J. Langmead SC with Ms F. K. Forsyth | Victorian Government Solicitors Office |
| For the Respondent | In person |
HIS HONOUR:
Introduction
On 29 October 2010, Optquest Pty Ltd commenced a proceeding in this Court against Brendan John Marchesi (as trustee of the bankrupt estate of Andrew Vasiliou (a former bankrupt)). The primary relief sought by Optquest was an order for specific performance of an agreement dated 25 March 1989 in which Mr Vasiliou purported to sell various properties to Optquest. By summons filed 28 January 2011, Mr Marchesi sought summary dismissal of Optquest’s claim. Other orders were also sought, including an order that Mr Vasiliou be restrained from issuing, without leave, any other proceeding or application in this Court in relation to the subject matter of Optquest’s proceeding.
On 24 August 2011, Mr Marchesi’s summons came on for hearing before Vickery J.[1] At the hearing before Vickery J, Mr Vasiliou, who was also the second defendant by counterclaim, appeared on behalf of Optquest.[2] The hearing concluded at approximately 12.30pm.
[1]It is not necessary to set out the steps that occurred between the filing of the summons on 28 January and the hearing on 24 August. These are set out in Optquest Pty Ltd v Marchesi [2011] VSC 428, [6] (Vickery J).
[2]Ibid, [3].
In the present proceeding it is alleged that at approximately 2.22pm on 24 August 2011, Mr Vasiliou sent a three page email (“the email”) to, amongst others, one of Vickery J’s associates and Mr Marchesi. The body of the email (which was exhibited to affidavits filed in this proceeding) commenced “Dear JUSTICE VICKERY”. The email contained 25 paragraphs, and included[3] the following six extracted paragraphs:[4]
[3]As typed in the original.
[4]Paragraphs 14, 18, 20, 21, 23 and 24.
“IN regards to my CRIMINAL TRUSTEE in BANKRUPTCY I am very SORRY for myself that I did NOT KILLED him back before he FUCK ME and my FAMILY UP and I would have being out of JAIL by NOW and my FAMILY’S ‘3 properties’…
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- AGLC
- R v Vasiliou [2012] VSC 216
- Case
- [2012] VSC 216
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide involved the interpretation and application of the contempt of court provisions concerning interference with the due administration of justice. Specifically, the court needed to determine whether the defendant's threats of violence and allegations of impropriety and corruption amounted to contempt, particularly if these actions were intended to intimidate or improperly influence the presiding judge or any party to the proceeding. The court also needed to consider the threshold for establishing such contempt, including whether the threats and allegations had the effect of intimidating or influencing the decision-making process of the presiding judge.
The court found that the defendant's actions did indeed constitute contempt of court. The threats of violence and the allegations of impropriety and corruption were deemed to have the tendency to interfere with the due administration of justice. The court held that these actions were intended to intimidate the presiding judge and improperly influence their decision. The evidence demonstrated a clear intention to undermine the judicial process, thereby satisfying the elements required for a finding of contempt. The court concluded that the defendant's conduct warranted the imposition of sanctions under the contempt of court provisions.
The final orders included a declaration that the defendant's actions constituted contempt of court and a conviction accordingly. The court also imposed appropriate penalties in line with the seriousness of the contempt. This decision underscores the importance of maintaining the integrity of the judicial process and the severe consequences for those who attempt to undermine it through improper and intimidating conduct.
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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