A former client of western suburbs real estate agent Vivien Yap did not appear in court today, delaying a sentencing decision after he was found guilty of contempt.
A former client of western suburbs real estate agent Vivien Yap did not appear in court today, delaying a sentencing decision after he was found guilty of contempt.
Ms Yap and former Mount Claremont client Sandi Matic have been embroiled in legal proceedings since February, over claims he threatened to disrupt the Ray White Dalkeith real estate agent’s business.
Mr Matic was found guilty of contempt of court in October, with Supreme Court Justice Marcus Solomon ruling that his email to Ms Yap was a threat and a breach of court orders.
“In the context of this dispute and on any ordinary sensible construction, this is a very menacing threat to any ordinary person,” Justice Solomon said in his judgment.
“Given that Sandi Matic did not appear today, I do not consider it appropriate for the matter of penalty to be determined without giving him one further opportunity to appear and to make submissions as to the sanction to be imposed.”
Justice Solomon was expected to deliver a decision on Mr Matic’s penalty at a Supreme Court hearing this morning.
However, Mr Matic was again absent despite being scheduled to appear today.
An apology from Mr Matic to Justice Solomon has been published in a newspaper’s classified page this week.
In his apology, Mr Matic said he acted in a manner that was not honourable when attending the court and he would attend future court invitations under special attendance to settle any substantiated claims before the court.
But there was no response when Justice Solomon’s associate called for Mr Matic by name outside of the courtroom this morning.
Ms Yap’s lawyer Martin Bennett told the court that Mr Matic’s non-attendance was a further indication he had no respect for the court or the law.
“Driven by utmost respect of the court … imprisonment is the only sanction that the defendant can appreciate the law is above him,” he said.
Justice Solomon decided to reserve his decision and said any consequences should be communicated to Mr Matic directly.
He is scheduled to deliver his decision next Wednesday afternoon.
