Property developers Michael and Peter Kulakovski??? were at a Christmas party on a Sydney Harbour cruise, when one of them got a migraine under the hot summer sun.
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So the brothers returned to a car park on Murray Street, Pyrmont, drove their business car up to the exit, where Peter got out and lifted the boom gate for Michael to drive through.
The brothers, who own and operate Kurmond Homes in western Sydney, caused $1600 worth of damage to the gate, and did not pay the $38 parking fee on the evening of December 2 last year.
Michael, 44, was charged with dishonestly obtaining financial advantage by deception, and Peter, 39, was charged with damaging property and dishonestly obtaining financial advantage by deception.
They pleaded guilty, and their barrister Lisa-Claire Hutchinson could not explain why the brothers left the car park without paying.
"They are clearly not in a financial position where they couldn't pay the $38," Ms Hutchinson told Downing Centre Local Court on Tuesday.
The brothers' social media pages are filled with photos of luxury cars, motorbikes, boats, and travel.
According to a police statement of facts tendered to the court, the brothers' actions were caught on "high-quality" CCTV.
???Police approached the brothers in March, and Michael admitted he had driven to the gate, while his younger brother lifted the gate.
Peter told police: "I lifted up the gate ... I did not damage the gate."
Michael was sentenced, while Peter will return to court after an apprehended violence order matter is heard at Windsor Local Court later this month. He has taken courses including anger management classes related to that case, the court heard.
Ms Hutchinson told court Michael's actions in driving to the gate were "impulsive" and he'd suffered the embarrassment of telling business associates about the charge.
"[Michael] wasn't thinking about the consequences of his actions
"Mr Kulakovski is a man of good character, with no convictions," she said.
Magistrate Jane Mottley??? said she was "mystified" about why the brothers didn't just pay for parking, but acknowledged the offence was not overly serious.
"[Michael] is a responsible, contributing member of our community," Ms Mottley said, noting several character references.
She sentenced him to an 18-month good behaviour bond, without recording a conviction, and ordered him to pay the $38 to Wilson Parking.
Peter Kulakovski will return to court at a later date.
