Yap v Matic [No 6]

Vivien Jit Sien Yap and Empire Sons (Australia) Pty Ltd, trading as Ray White (Dalkeith Claremont), filed proceedings against Sandi Matic in the Supreme Court of Western Australia. The case revolves around allegations of contempt by Mr Matic, specifically through the dissemination of an email on 16 August 2022 to various recipients, including the plaintiffs' solicitors, the Chief Justice, and Justice Solomon of the Court, as well as various members of Parliament. The email in question accused the plaintiffs and their solicitors of committing fraud and submitting fabricated files and recordings. The court had to determine whether the email constituted contempt of court, and if so, what the appropriate penalty would be.

The court found that Mr Matic's email had the tendency to deter the plaintiffs from continuing their action against him, amounting to improper pressure. The seriousness of the allegations, their emphatic tone, and the broad dissemination of the email beyond the plaintiffs and their lawyers to judicial officers and politicians all contributed to the contempt. The court considered various legal principles in determining the appropriate penalty, including the importance of punishing contempt to protect the due administration of justice and the need for both general and personal deterrence. The court also took into account factors such as the seriousness of the contempt, Mr Matic's culpability, and the absence of remorse or apology.

The court determined that imprisonment was the only appropriate penalty, with the execution of the sentence suspended on the condition that Mr Matic pays a fine of $9,000 and the plaintiffs' costs of $10,854 by 16 February 2023. If Mr Matic pays the fine and costs by the specified date, he will not be imprisoned. The court also ordered that Mr Matic attend a further hearing on 17 February 2023 and that he may apply to the court to be discharged from custody if he pays the fine and costs before that date.