Contempt
General
Company’s breach of undertaking – whether directors liable: Att Gen of Tuvalu v Philatelic Distribution Corp [1990] 1 WLR 926
Civil proceedings – what constitutes – no documents produced in response to subpoena – relevant principles: Ditfort v Brown (1989-90) 19 NSWLR 49
Disobedience of order – distinction between execution of civil process and contempt – terms of warrant: Kaleen Holdings v Patek (1990) 2 WAR 31
Failure to comply within time limit with order for discovery – principles in cases of casual or accidental and unintentional disobedience: Maff v Fuller 3 WAR 546
Journalist obtaining inspection of court file without authorisation: Dobson v Hastings (1992) 2 AER 94
Prejudicing trial of civil action – disclosure of answers to interrogatories to third party for collateral purpose: Ainsworth v Hanrahan (1991) 25 NSWLR 155
Injunction not available in aid of contempt proceedings: Exagym v Professional Gymnasium (1994) 2 Qd R 129
Justices Act – statutory offence of contempt of court – procedure to be employed: Gliosca v Ninyett (1994) 6 WAR 562
Breach of undertaking – whether party in contempt is prevented from obtaining relief: Kingport Cable Investments v Meltglow 56 FCR 189
Ex Parte Injunction – copy of order not served – disobedience – power to commit for contempt – Rules of the Supreme Court 1971 (WA), O 46, r 4 Deverall v Wannunup Development Nominees Pty Ltd (1994-1995) 12 WAR 561
Distinction between civil and criminal contempt: Microsoft Corporation v Marks 139 ALR 99
Whether order for costs in contempt proceedings is interlocutory or final – whether distinction should be drawn between civil and criminal contempt: Real Tech systems Integration Pty Ltd v Meuross 82 FCR 150
Post-judgment order of District Court restraining interest in land – Whether order beyond express and implied powers of Court – Finding of contempt for breach of order: Pelechowski v Registrar High Court of Australia [1999] HCA 19; 162 ALR 336
Whether later order inconsistent with, and supercedes, earlier order: LED Builders Pty Ltd v Eagle Homes Pty Ltd [1999] FCA 1213
Contempt of court – application for order for committal – deliberate breach of undertaking – company transferred electronically $110,000 in breach of an undertaking not to make withdrawal from bank account other than in ordinary course of business: Patrick Walker Commissioner for Fair Trading v Info4pc.com Pty Ltd [2001] WASC 212
Disposal of property inconsistent with court undertaking – application for penalty against contemnors: Reches Pty Ltd v Tadiran Ltd [2001] FCA 1486
Business and de facto partners – breach of money orders – appropriate enforcement procedures: Bakir v Doueihi [2001] QSC 414
Breach of injunction – application for orders that respondent in contempt of court: Century Yuasa Batteries Pty Ltd v Martin [2002] FCA 722
No intention to flout injunctive order: Century Yuasa Batteries Pty Ltd v Martin [2002] FCA 787
Order dismissing application for contempt of court: Melksham v Fraser Island Barge Transport Pty Ltd [2002] QCA 218
Scope of undertaking – notice of motion – plaintiff sought injunction to restrain defendant from exploiting stone on portion of defendant’s property over which defendant had granted plaintiff right to exploit stone: TJ & MB Waugh Pty Ltd v Seeber [2002] WASC 170
Consideration of penalty for civil contempt: Hughes v ACCC [2004] FCAFC 319
Civil contempt – breach of fiduciary duties by former officers of respondent: Melbourne University Student Union Inc (in liq) v Ray [2006] VSC 205
Application for determination that respondents in contempt of court – applicant obtained interlocutory injunction preventing undertaking of acts by respondents: John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2006] WASC 106
Breach of undertaking – management of company – respondent ordered not to manage company: Australian Securities and Investments Commission v Reid (No 2)[2006] FCA 700
Contempt of court – breach of undertakings – dissipation of assets – application for orders for contempt of court: Livingspring Pty Ltd v Chris Haktoh Ng [2007] VSC 9
Subpoena for production – non-production of documents: Markisic v Commonwealth of Australia [2007] NSWCA 92
Contempt of court – breach of court orders – knowledge of terms and meaning of order: Mead v Mead [2007] HCA 25
Breach of implied undertaking – discovered documents: Street v Hearne [2007] NSWCA 113
Whether letter to editor of newspaper had a real (or clear) and definite tendency to prejudice a fair trial: The State of Western Australia v Armstrong [2007] WASCA 204
Respondent failed to attend court and give evidence under subpoena: Prothonotary of the Supreme Court of NSW v Jalalabadi [2008] NSWSC 811
Undertaking – acceptance by court – application by for preliminary discovery – contempt of court Village Building Co Ltd v Airservices Australia (No 2) [2008] FCA 1285
Offensive language directed to magistrate in the course of refusal of a bail application: Prothonotary of the Supreme Court of New South Wales v Hall [2008] NSWSC 994
Interference with administration of justice – revelation of defence: ABC v Sage [2009] FCA 170
Court’s power to punish contempt – whether disobedience of court order constitutes contempt of court: Deckers Outdoor Corporation Inc v Farley (No. 8) – [2010] FCA 657
Mareva and Anton Pillar Proceedings
Whether Mareva Injunction breached by bank: R&I v Anchorage Inv [1993] 3 WAR 198
Undertakings as to Anton Pillar Order – solicitor in serious breach: Long v Specifier Publications Pty Ltd [1998] 44 NSWLR 545
Breach of Mareva injunction: Registrar of the Supreme Court of SA v Temple (No 2) [2000] SASC 96
Mareva injunctive orders restraining defendant from dealing with assets – breach of orders: Pico Holdings Inc v Voss [2002] VSC 319
Breach of orders – Mareva asset preservation orders: Wexford Pty Ltd v Doolub [2008] NSWSC 952
Penalties
Use of discovered documents – use for collateral or ulterior purpose – seriousness of contempt – appropriate penalty: Temwood Holdings Pty Ltd v Oliver [1999] WASC 212
Failure to comply with order made by Land and Environment Court – penalties – order to demolish house – whether appropriate to take into account economic and personal losses of contemnors caused by compliance with order: Tynan v Meharg [1999] NSWCA 157
Wilful contempt – contemnor an undischarged bankrupt – imposition of fine not appropriate: Westpac v Bagshaw [1999] NSWSC 479
Trade practices – undertakings made by respondent pending judgment not to publish certain material – breach: Australian Competition & Consumer Commission v Giraffe World Australia Pty Ltd [1999] FCA 937
Barrister abused – penalty for contempt: Principal Registrar, Supreme Court of New South Wales v Katelaris [2001] NSWSC 724
Contempt of court – breach – penalty – imposition of penalty for contempt of court: Australian Securities and Investments Commission v Michelin [2004] NSWSC 1259
Contempt of court – penalties – imposition of sentence – summary of applicable principles – continued refusal to acknowledge wrongdoing: Bauskis, Re [2006] NSWSC 907
Appellant guilty of contempt – prison sentence imposed: Siminton v Australian Prudential Regulation Authority [2006] FCAFC 118
Whether contemnor should be cross-examined on hearing for penalty: Adlam v Noack [1999] FCA 1606
Statutory contempts – use of name, title or description implying or tending to the belief person is a legal practitioner – fine instead of committal – use of Sentencing Act provisions to guide discretion: Legal Practice Board v Tee [2009] WASC 5
Royal Commissions
Contempt of commissions – failure to attend before Royal Commission in response to summons: Kennedy v Lovell [2002] WASCA 217