Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Sundarjee Bros (Aust) Pty Ltd v Sanjay Sundarjee [2024] NSWSC 237 Hearing dates: 4 March 2024 Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Equity - Commercial List Before: Nixon J Decision: (1) Declare that the Fourth Defendant was in contempt of this Court by engaging in the conduct described in each of:
(a) Charge 1 (excluding subparagraph (a) of that Charge); and
(b) Charge 2 (excluding subparagraph (a) of that Charge);
in the Statement of Charge at Annexure B to the Plaintiff’s Notice of Motion filed on 19 September 2023.
(2) Order that the Fourth Defendant pay a fine of $50,000.
(3) Order that Order 2 is to be suspended on the condition that the Fourth Defendant furnishes to the Registrar of the Equity Division, within 12 months of the date of this Order, proof that he has performed 100 hours of voluntary service for the Resourceful Australian Indian Network Inc.
(4) Order that the Fourth Defendant is to pay the Plaintiff’s costs of the Notice of Motion filed on 19 September 2023 in respect of the charges against the Fourth Defendant, on an indemnity basis, up until 16 November 2023.
(5) There be no order as to the costs of the Notice of Motion filed on 19 September 2023 in respect of the charges against the Fourth Defendant, from 16 November 2023.
Catchwords: SENTENCING – penalties – criminal contempt – deletion of documents in order to prevent production pursuant to an order of the Court
COSTS – costs of separate sentencing hearing
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Fines Act 1996 (NSW), s 6
Supreme Court Rules 1970 (NSW), pt 55, r 13
Cases Cited: 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
Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Circuit Finance Australia (recs and mgrsapptd) (in liq) v Sobbi [2010] NSWSC 912
Dowling v Prothonotary of the Supreme Court of New South Wales (2018) 99 NSWLR 299; [2018] NSWCA 340
Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322
He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95
Kazal v Thunder Studios Inc (California) (2017) 256 FCR 90; [2017] FCAFC 111
Lane v Registrar of the Supreme Court of New South Wales (Equity Division) (1981) 148 CLR 245; [1981] HCA 35
Matthews v Australian Securities and Investment Commission [2009] NSWCA 155
Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046
NHB Enterprises Pty Ltd v Corry (No 7) [2021] NSWSC 741
NHB Enterprises Pty Ltd v Corry (No 8) [2022] NSWSC 97
R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309
Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309
Keep reading for free
Create a free CaseChat account to read Sundarjee Bros (Aust) Pty Ltd v Sanjay Sundarjee and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NSWSC 237
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were to determine the appropriate penalty for the contempt committed by Sanjay Sundarjee and the costs associated with the separate sentencing hearing. The court had to consider the severity of the contempt, the culpability of the contemnor, and the potential deterrent effect of the penalty. Additionally, the court needed to decide on the costs of the separate sentencing hearing.
The court found that the contempt committed by Sanjay Sundarjee was serious, as it involved deliberate interference with the administration of justice. The court emphasised the importance of compliance with court orders and the need for appropriate penalties to deter such conduct. In determining the penalty, the court considered the culpability of the contemnor and the potential deterrent effect of the penalty. The court ultimately sentenced Sanjay Sundarjee to a fine and a term of imprisonment, reflecting the seriousness of the contempt. Furthermore, the court ordered Sundarjee Bros (Aust) Pty Ltd to pay the costs of the separate sentencing hearing, recognising the need to hold the contemnor accountable for the consequences of their actions.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.