Television Broadcasts Ltd & Ors v Cheung, Choi Wan t/as ABM Video & Anor [1998] FCA 1318

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – motion for contempt of court – notice to produce documents given by moving party to alleged contemnor – privilege against self-incrimination – whether notice to produce should be set aside – whether notice sustainable as directed to aiding moving party to challenge credit of alleged contemnor in respect of her affidavit.

Federal Court Rules O 33 rr 11, 12 CCOM Pty Limited v Jiejing Pty Ltd (1992) 37 FCR 1 Trade Practices Commission v Abbco Iceworks Pty Ltd (1994) 52 FCR 96 The King v Associated Northern Collieries (1910) 11 CLR 738 Pyneboard Pty Limited v Trade Practices Commission (1983) 152 CLR 328 Refrigerated Express Lines (Australasia) Pty Ltd v Australian Meat and Livestock Corporation (1979) 42 FLR 204 Master Builders Association of New South Wales v Plumbers and Gasfitters Employees' Union of Australia (1987) 14 FCR 479 W R Carpenter & Co Pty Ltd v Wollongong Instant Scaffolds Pty Ltd (1992) 36 FCR 10

TELEVISION BROADCASTS LIMITED v CHOI WAN CHEUNG T/A ABM VIDEO NG 849 of 1996 LINDGREN J SYDNEY 9 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 849 of 1996

BETWEEN: TELEVISION BROADCASTS LIMITED

FIRST APPLICANT

TVB INTERNATIONAL SECOND APPLICANT TVB (OVERSEAS) LIMITED THIRD APPLICANT TINOS PTY LIMITED FOURTH APPLICANT

AND: CHOI WAN CHEUNG T/A ABM VIDEO FIRST RESPONDENT GRACE SAU HA CHAN T/A WAH VIDEO AND TRADING CO

second Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 9 october 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) The notice to produce issued by the applicants to the first respondent dated 2 September 1998 be set aside; (2) The motion brought by notice of motion filed 1 October 1998 by the first respondent be dismissed with no order as to the costs of that motion; (3) The applicants pay the first respondent's costs of today only, on the motion brought by amended notice of motion filed by the first respondent on 8 October 1998; (4) Otherwise in relation to the costs on the motion referred to in order (3), there be no order as to costs to the intent that the parties to that motion bear their own respective costs of it.