(c) Such other orders as the Court deems necessary.
3 The plaintiff also filed, on 20 December 2006, a Statement of Charges in which the plaintiff alleged that the defendant was guilty of contempt of this Court in knowingly breaching orders of the Court. The statement recorded that:-
"(1) On 19 June 2006, this Court made orders against the defendant. Attached to the Statement of Charges was a copy of the orders made by this Court on 19 June 2006. The terms of the orders were as follows:-
(a) that the defendant, whilst not being the holder of a licence or certificate under Part 3 of the Motor Vehicles Repairs Act 1980 … be restrained until further order, whether personally, in partnership, through a corporate structure, through the agency of another or through an employee, contractor or otherwise from:-
(i) carrying on or advertising that he carries on or is willing to carry the business of a repairer in respect of any repair work as defined in s.4(1) of the Motor Vehicle Repairs Act 1980 ;
(ii) doing any such repair work in connection with the business of a repairer as defined in s.4(1) of the Act; and
(iii) representing, by advertisement or otherwise, that he does or is willing to do repair work as defined in s.4(1) of the Act.
(b) the defendant pay the plaintiff's costs of this motion."
4 On 5 February 2007, when the notice of motion was first returnable before me, there was no appearance on behalf of the defendant when called. The plaintiff relied, in support of the notice of motion, on the affidavits of Kenneth Buscombe sworn on 8 December 2006 and the affidavit of John Kenny also sworn on 8 December 2006, together with the affidavits of service of the notice of motion and of the statement of charges and of the two affidavits to which I have referred.
5 At the hearing on that date, an Evidentiary Certificate was tendered under s.78(2) of the Motor Vehicle Repairs Act 1980 (NSW) dated 8 January 2007 (Exhibit A).
6 On 6 February 2007, I proceeded to receive evidence tendered on behalf of the plaintiff. The evidence in support of the notice of motion established beyond reasonable doubt that, on 6 September 2006, an inspection of the defendant's premises revealed that the defendant had continued to carry on the business of a motor vehicle repairer within the meaning of the Act.
7 In particular, the affidavit evidence relied upon by the plaintiff established, beyond reasonable doubt, that Mr Kenny's conclusion stated in his affidavit (paragraph 19) that he believed the defendant had been carrying on work as a motor mechanic, panel beater and spray painter contrary to the Motor Vehicle Repairs Regulation 1999 (NSW) was well supported.
8 The evidence also established that the defendant had never been the holder of the requisite licence or tradesperson's certificate and had not been exempt under s.5 of the relevant Act.
9 Accordingly, the plaintiff's evidence on the application supported findings that the defendant, contrary to the order made by Whealy J on 19 June 2006, had continued to carry on work as a motor mechanic, panel beater and spray painter contrary to the abovementioned provisions of the Motor Vehicle Repairs Regulation 1999 (NSW).
10 On 9 February 2007, I adjudged the defendant to be guilty of contempt of this Court, in that he knowingly breached the Court's orders made on 19 June 2006 by the following conduct:-
"(i) On 6 September 2006 at premises at Unit 6, 3-11 Flora Street, Kirrawee, the defendant did carry out repair work for reward being wheel bearing and steering rack repairs on a Ford Mondeo registration number AXT 10M owned by Rebecca Carol Pollock, the repairs being in the class of repair work of a motor mechanic as defined in section 4(1) of the Motor Vehicle Repairs Act 1980 ('MVRA').
(ii) On 6 September 2006 at premises at Unit 6, 3-11 Flora Street, Kirrawee, the defendant did carry out repair work for reward being repairs to rust around the rear window and the quarter panel of a Holden Commodore registration number AI 94 SU owned by Glenn Michael Clough, the repairs being in the class of repair work of a panel beater as defined in section 4(1) of the MVRA."
11 On 9 February 2007, the following orders were also made:-
"1. The Defendant David Clive Jenness attend the Supreme Court Law Courts Building, Queens Square located at 184 Phillip Street, Sydney at 2.00 pm on Tuesday 13 February 2007.
2. In default of an appearance at that time and place, the Plaintiff will be at liberty to obtain an order for the arrest of the Defendant without further notice to the Defendant.
3. A copy of these orders be served on the Defendant by no later than 4.00 pm on 9 February 2007.
4. Plaintiff has leave to request proceedings be re-listed at short notice at which time the Defendant is to be brought before the Court in the event that he does not appear on Tuesday 13 February 2007 at 2.00 pm and such request to be made to my Associate.
5. Costs are to be reserved."
12 On Tuesday 13 February 2007, the proceedings were again listed. The defendant appeared unrepresented. On that occasion, Ms Griswold, on behalf of the plaintiff, handed up a document setting out costs orders sought by the plaintiff. On the same day, I determined that the proceedings should be stood over in order to permit the defendant the opportunity of putting on any evidence. The question of costs was reserved. The proceedings were stood over for hearing on 1 March 2007.
13 The finalisation of the proceedings were further deferred on 1 March 2007 to enable a pre-sentence report to be received from the Probation and Parole Service. A pre-sentence report has now been received (dated 25 April 2007). It was tendered at the resumed hearing on 27 April 2007 (Exhibit C).
14 The sources of information relied upon for the purposes of that report included interviews with the defendant. There was no independent information provided in respect of police facts and criminal history. The author of the report, Mr Peter Ikin, Acting District Manager, Sutherland District Office, also had access to New South Wales Department of Corrective Services records.
15 The report indicates that the defendant first came to the notice of the Probation and Parole Service when he was placed on a supervised Bond on 7 December 1989 to be of good behaviour for two years following his conviction for assault police.
16 On 9 May 1991, he appeared on a matter of drive high range prescribed concentration of alcohol before the Sutherland Local Court. A community service order of 150 hours was imposed with a four year disqualification from driving. His community service order was completed in November 1991.
17 The pre-sentence report reveals that the defendant came from a family background which was marked by argumentation between his parents and to the eventual separation of his parents when he was 15 years of age.
18 The defendant spent time in Yasmar Juvenile Detention Centre for being uncontrollable and two years as a patient in the Arndell Unit at North Ryde due to hyperactivity. It is also said that he spent a period of time in former Chelmsford Private Hospital when he received electro-convulsive therapy at the age of 12. According to the defendant, he is estranged from all members of his immediate family.
19 The defendant obtained his school certificate at age 15 years and undertook an apprenticeship as a fitter and turner with the Royal Australian Navy. It appears that he was a successful employee with that service for some seven years. Subsequently, he obtained employment servicing various types of vehicles as well as performing body repair work to vehicles.