Under r 930 UCPR, a court may impose a fine for any contempt of court, including civil contempt, without needing to establish that the breach was wilful or contumacious. An undertaking to the court expressed in absolute terms imposes an absolute obligation; it cannot be read down as requiring only reasonable steps to comply. On the facts, a deliberate choice not to take available steps to comply with an undertaking (such as repairing fencing or erecting temporary fencing), coupled with denial that breach was occurring, constitutes contempt beyond reasonable doubt. The three judges differed on whether disobedience of an order is itself a contempt (Keane JA and Jones J) or whether a deliberate act or omission must be proved (Jerrard JA), though all agreed the threshold was met on the facts.
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