Registrar of the Magistrates Court of the Australian Capital Territory v Maunsell
[2025] ACTMC 14
Citation 1
…SWSC 1259; (2004) 52 ACSR 115 Commissioner for Fair Trading v Youngdown Pty Ltd [2003] NSWSC 646 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 R v Hinch (No 2) [2013] VSC 554…
Keddis v Pelders
[2025] NSWCATEN 1
Citation 2
(Para 2)
…for the Tribunal to refer the matter to the Supreme Court for determination: NCAT Act, s 73 and Registrar of the Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 at 462-463. I must first determine whether the alleged conduct is capable of amounting to contempt: Mohareb v Palmer [2017] NSWCA 281 per Basten JA, with…
CLGC Pty Ltd v Zhang (No 3)
[2025] NSWSC 36
Citation 3
(Para 12)
…community service as a condition of suspending a term of imprisonment or the operation of a fine: Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309; Zhang v Shi (No 6) (2022) 67 VR 469; [2022] VSC 271; D Rolph , Contempt (2023, Federation Press) at 810. Other examples of the imposition of a suspend…
R v Diallo (No 10); Re referral of witness KL for contempt
[2024] NSWSC 1085
Citation 4
(Para 20)
…985, unrep) and compare the hybrid procedure adopted in R v Qaumi & Ors (No 62) [2016] NSWSC 1215. 20. Registrar of Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 at 469, cited in Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435; [1999] HCA 19 at [17].…
The Registrar of the Supreme Court of Queensland v Wood (No 4)
[2024] QSC 135
Citation 5
(Para 11)
…thers in the future from committing like contempts; and denouncing the conduct concerned in an approximately emphatic way.” (citation omitted) [6](1992) 26 NSWLR 309 at 314.…
Sundarjee Bros (Aust) Pty Ltd v Sanjay Sundarjee
[2024] NSWSC 237
Citation 6
(Para 84)
…Pt 55 r 13 is declaratory of the Court’s power of punishment and does not exhaust it: Registrar of the Court of Appeal v Maniam (No 2 ) (1992) 26 NSWLR 309 ( Maniam (No 2) ) at 314 per Kirby P (Hope AJA agreeing).…
Yuan v Huang (No 2)
[2023] NSWSC 1618
Citation 7
(Para 6)
…community service as a condition of suspending a term of imprisonment or the operation of a fine: Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309; Zhang v Shi (No 6) (2022) 67 VR 469; [2022] VSC 271; D Rolph , Contempt (Federation Press, 2023), p 810.…
The Prothonotary of the Supreme Court of New South Wales v London
[2023] NSWSC 1252
Citation 8
(Para 19)
…ce for which there is no maximum penalty: R v Dunbabin; Ex Parte Williams (1935) 53 CLR 434 at 442; Registrar of the Court of Appeal v Mainiam (No 2) (1992) 26 NSWLR 309 at 314.…
Prothonotary of the Supreme Court of New South Wales v Ibrahim
[2023] NSWSC 1275
Citation 9
(Para 22)
…s inherent jurisdiction to safeguard the administration of justice and uphold the rule of law: see Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 ( Maniam [No 2] ) at 314, 319 per Kirby P (Mahoney JA and Hope A-JA agreeing).…
Council of New South Wales Bar Association v Rollinson (No 2)
[2023] NSWSC 1390
Citation 10
…rity for good behaviour as limiting the conditions attaching to a suspension of any such penalty. In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 (“Maniam No 2”) the Court of Appeal held that it had power to impose a condition that the contemnor perform community service as a condition of suspe…
Prothonotary of the Supreme Court of New South Wales v Patrick (a pseudonym)
[2023] NSWSC 1077
Citation 11
(Para 18)
…was) outlined the key principles applied by the court in imposing a penalty for contempt of court in Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 at 314:…
Lusty (Examiner) v DEZ22 (No 2)
[2023] FCA 858
Citation 12
(Para 6)
…al in nature and the general principles applicable to sentencing for a crime generally apply. In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 313-314, Kirby P said as follows: A conviction of contempt of Court is a conviction of an offence, criminal in nature. Punishment of the convicted con…
Prothonotary of the Supreme Court of New South Wales v Whit
[2023] NSWSC 264
Citation 13
…ct, as well as to set a punishment that will further the object of general deterrence. 28 In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 (Maniam), where there had been deliberate and contumacious refusals to comply with subpoenas on repeated occasions, at 313–315 Kirby P (as his Honour then wa…
Yap v Matic [No 7]
[2023] WASC 55
Citation 14
(Para 9)
…uch that only imprisonment can be justified, or required for the protection of the community. … In Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309, 313 - 314, Kirby P observed: Contempt law has been fashioned by the courts to protect the administration of justice. This is an activity, self-evident…
Lusty (Examiner) v DER22
[2023] FCA 255
Citation 15
(Para 29)
…iminal in nature and the general principles applicable to sentencing for a crime generally apply. In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 313-314, Kirby P said as follows: A conviction of contempt of Court is a conviction of an offence, criminal in nature. Punishment of the convicted…
DTO21 v Australian Crime Commission
[2022] FCAFC 190
Citation 16
(Para 16)
…d be seen as different: see Hannaford v HH (No 2) (2012) 203 FCR 501; [2012] FCA 560 at [29], citing Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 313-314 (Kirby P).…
Home789 Resources Pty Limited v Zheng Shang
[2022] NSWCATEN 2
Citation 17
…iness Pty Ltd [2018] NSWCA 84 O’Born v Commissioner for Government Transport (1959) 77 WN (NSW) 81 Registrar of the Court of Appeal v Maniam (No 1) (1981) 25 NSWLR 459 Registrar of the Supreme Court, Equity Division v McPherson (1981) 1 NSWLR 688 Category: Principal judgment Parties: Home Resources 789 Pty Limited (Ap…
Huang v Liao (also known as Kurz)
[2022] NSWSC 526
Citation 18
(Para 31)
…rity. That rule is declaratory of the Court’s power of punishment and does not exhaust that power: Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 (“ Maniam ”) at 314; Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280 at [14]; Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting…
Council of the New South Wales Bar Association v Rollinson
[2022] NSWSC 407
Citation 19
(Para 87)
…rity for good behaviour as limiting the conditions attaching to a suspension of any such penalty. In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 (“Maniam No 2”) the Court of Appeal held that it had power to impose a condition that the contemnor perform community service as a condition of suspe…
Commissioner for Fair Trading v Matthew Geoffrey Rixon (No. 5)
[2022] NSWSC 146
Citation 20
(Para 27)
…r’s observations in this regard were not the subject of challenge in the Court of Appeal. See also Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 per Kirby P at 314.…
NHB Enterprises Pty Ltd v Corry (No 8)
[2022] NSWSC 97
Citation 21
(Para 28)
…In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 ( Maniam ), where there had been deliberate and contumacious refusals to comply with subpoenas on repeated occasions, at 313–315 Kirby P (as his Honour then was, and with whom Mahoney and Hope JJA agreed) outlined that:…
DC
[2021] WASAT 130
Citation 22
…South Wales Land and Housing Corporation [2017] NSWCATCD 88 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 Daintree Cafe Pty Ltd v Jacfun Pty Ltd [2002] NSWADT 188 Foley v Herald-Sun TV Pty Ltd [1981] VR 315 LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999…
Brennock and Dixon v Norman
[2021] NSWSC 1182
Citation 23
(Para 8)
…ter the contemnor and others in future from committing like contempts, and to denounce the conduct: Registrar of the Court of Appeal v Manian (No. 2) (1992) 26 NSWLR 309 (“ Manian ”) at 314 per Kirby P ; Director of Public Prosecutions v John Fairfax & Sons Ltd (1987) 8 NSWLR 732 at 741 per Kirby P.…
Seven Network (Operations) Ltd v Dowling (No 2)
[2021] NSWSC 1106
Citation 24
(Para 6)
…ustody may be fashioned by the Court in the exercise of its inherent jurisdiction, for example, in Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309, where the Court of Appeal acknowledged that the Court had no statutory power to impose community service but held that the Court had power “in effect,…
He v Sun
[2021] NSWCA 95
Citation 25
(Para 48)
…Reliance was also placed on Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 ( Maniam ), where the Court of Appeal determined that the repeated refusal by a medical practitioner to respond to a subpoena to attend a criminal trial as a witness amounted to “deliberate and contumacious” contempt: at 3…
DVI v ZTT
[2021] NSWCATEN 4
Citation 26
(Para 6)
…reme Court has characterised the contempt as other than in the face of or hearing of the Court: see e.g. Registrar of Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459. Accordingly, the present matter potentially involves contempt of the Tribunal not in the face or in hearing of the Tribunal. Because the Tribunal do…
Prothonotary of the Supreme Court of NSW v Louise Lyel (aka Louise Convy)
[2020] NSWSC 1760
Citation 27
(Para 28)
…ustice, as distinguished from a simple interference with property rights manifested by a court order”: Registrar, Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 per Kirby P at [315].…
Sun v He (No 2)
[2020] NSWSC 1298
Citation 28
(Para 1)
…orensic investigation of the subject matter of the complaint impossible cannot be encouraged… In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 ( Maniam (No 2) ), where there had been deliberate and contumacious refusals to comply with subpoenas on repeated occasions, Kirby P (as his Honour then…
Prothonotary of the Supreme Court of New South Wales v Smith
[2020] NSWSC 769
Citation 29
(Para 51)
…etermination of the nature of any penalty to be imposed are the principles referred to by Kirby P in Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309, at 314:…
Hague v Cordiner (No. 2)
[2020] NSWDC 23
Citation 30
(Para 33)
…with for contempt of court. The procedure which the court should adopt is set out, in general terms, in Court of Appeal, Registrar of v Maniam (No 1) (1991) 25 NSWLR 459 at 469F and in Mohareb v Palmer [2017] NSWCA 281.…
Tate v Duncan-Strelec
[2020] NSWSC 52
Citation 31
(Para 4)
…he need not only to punish but also to deter the contemnor and others, and to denounce the contempt: Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 314 per Kirby P (as his Honour then was). Second, when a fine is sought to be imposed the Court should take into account the capacity of the defen…
Dong v Song (No 5)
[2019] ACTSC 273
Citation 32
(Para 1)
…power of punishment; it does not prescribe or exhaust the Court’s inherent jurisdiction: see Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 ( Maniam ) at 314 per Kirby P; Whiley at 320, both of which were cited in Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280; 93 NSWLR 88 at [14]. Those aut…
Anderson v GPY18
[2019] FCA 954
Citation 33
(Para 3)
…More generally, the purpose of punishment for contempt of court was addressed by Kirby P in Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 at 313‑314, who observed: Contempt law has been fashioned by the courts to protect the administration of justice. This is an activity, self-evidently of the g…
Reliance Financial Services Pty Ltd v Allyma Express Holdings Pty Ltd (No 3)
[2019] NSWSC 511
Citation 34
(Para 34)
…In Registrar of Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 it was said that this power does not exhaust the Court's powers to take action against a contemnor. In that case the Court of Appeal made orders requiring the contemnor to undertake voluntary work in a hospital.…
MB v SG
[2019] NSWSC 4
Citation 35
(Para 65)
…ture of the contempt, a range of seriousness has been recognised. They were summarised by Kirby P in Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 314-315 as follows (citations omitted):…
Prothonotary of the Supreme Court of New South Wales v Shane Francis Dowling
[2018] NSWSC 1301
Citation 36
…Rule 13 is a declaratory rather than an exhaustive statement of the penalties that may be imposed: Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 314; Attorney-General for NSW v Whiley (1993) 31 NSWLR 314 at 320; Principal Registrar of the Supreme Court of NSW v Jando (2001) 53 NSWLR 527 at [3…
Mallegowda v Sood (No. 6)
[2018] NSWDC 281
Citation 37
(Para 331)
…The procedure which the court should adopt is set out in Court of Appeal, Registrar of v Maniam (No 1) (1991) 25 NSWLR 459 at 469F and in Mohareb v Palmer [2017] NSWCA 281. A court does not require oral evidence in relation to such an application, as the issue can be determined “on the papers” in an appropriate case:…
The Prothonotary of the Supreme Court of NSW v AS
[2018] NSWSC 664
Citation 38
(Para 8)
…cessary and appropriate in order to safeguard the administration of justice and uphold the rule of law: Registrar of Court of Appeal v Maniam (No. 2) (1992) 26 NSWLR 309, 314.…
Live Group Pty Ltd v Rabbi Ulman
[2018] NSWSC 393
Citation 39
(Para 26)
…Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd [2017] NSWSC 118 at [30] per Black J; Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 314 per Kirby P; Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280 at [14] per Meagher JA.…
Mirus Australia Pty Ltd v Gage
[2018] NSWSC 35
Citation 40
(Para 56)
…In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309, Kirby P (as his Honour then was) characterised the various classes of contempt identified in the cases as including technical, wilful and contumacious contempt, saying (at 314ff):…
Kostov v YPOL Pty Ltd
[2017] NSWSC 1071
Citation 41
(Para 26)
…I respectfully adopt his Honour’s analysis. In the words of Kirby P (as his Honour then was) in Registrar of the Court of Appeal v Maniam (No. 2) (1992) 26 NSWLR 309 at 314: “A conviction of contempt of court is conviction of an offence, criminal in nature.”…
Doe v Dowling
[2017] NSWSC 1037
Citation 42
(Para 15)
…In Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309, the Court of Appeal said at 314:…
Cluny & Skinner (No 2)
[2017] FamCA 547
Citation 43
(Para 12)
…General; Re Goodwin [1969] 2 NSWLR 360; Director of Public Prosecution v Wran (1987) 7 NSWLR 616 at 639; Registrar of Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 317-18). A sentencing judge is entitled to examine a proffered apology in order to determine whether the proffered apology is indicative of “real…
Turner v NSW Forensic & Analytical Science Service
[2017] NSWCATAD 181
Citation 44
(Para 15)
…ibunal on its own view that the person is guilty of contempt in the face or hearing of the Tribunal: Registrar of the Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 at 480 Hope AJA; Pelechowski v Registrar, Court of Appeal [1999] HCA 19 at [17].…
The Prothonotary of the Supreme Court of New South Wales v Coren
[2017] NSWSC 754
Citation 45
(Para 52)
…encing a contemnor for contempt of court, the general principles to be applied were those set out in Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 (“ Maniam ”) and that regard should be had to the purposes for which a court may impose a sentence on an offender under the Crimes (Sentencing Proced…
Mohareb v Palmer (No. 4)
[2017] NSWDC 127
Citation 46
(Para 81)
…ty to hear and determine contempt proceedings, other than when there is contempt in the face of the court: Registrar, Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 at 463 – 465; Lin v Borrowdale [2011] NSWCA 65 at [3]. Section 203 therefore involves a procedure of first determining whether there is a contempt, t…
Prothonotary of the Supreme Court of NSW v A
[2017] NSWSC 495
Citation 47
(Para 39)
…ve been identified as being relevant to the determination of penalty in a case such as the present: Registrar of the Court of Appeal v Maniam (No. 2) (1992) 26 NSWLR 309 at 316 – 317 per Kirby P; Wood v Staunton (No. 5) (1996) 86 A Crim R 183 at 185 per Dunford J. Those circumstances include:…
Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd
[2017] NSWSC 118
Citation 48
(Para 30)
…erms. That rule is declaratory of the Court’s power of punishment and does not exhaust that power: Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 314; Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280 at [14]. Proceedings for contempt in respect of a breach of an order or undertaking have th…
The Prothonotary of Supreme Court of New South Wales v Battye
[2017] NSWSC 48
Citation 49
(Para 41)
…urt’s inherent jurisdiction to safeguard the administration of justice and uphold the rule of law (see Registrar of Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 314). The sentence imposed must also be such as to denounce his contemptuous conduct, in an appropriately emphatic way.…
Menzies v Paccar Financial Pty Ltd
[2016] NSWCA 280
Citation 50
(Para 14)
…In Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 at 314 Kirby P said of this rule that it was “declaratory of the Court’s power of punishment and did not exhaust it”. See also Attorney-General for New South Wales v Whiley (1993) 31 NSWLR 314 at 320; and as to the extent of that power under the g…