Clarkson v The Mandarin Club Limited [1998] FCA 1685

FEDERAL COURT OF AUSTRALIA CONTEMPT OF COURT Ð nature of contempt Ð the protection accorded to witnesses by the law of contempt Ð effect of mixed motives on penalty, but not liability Ð whether these principles apply to parties as well as witnesses Ð extent of the protection accorded to parties Ð whether contempt may be committed by a threat to exercise a legal right or by its exercise Ð discussion of Ôimproper pressureÓ on a party Ð attempt to exact a reprisal against a witness or party Ð effect of the taking of some action having an actual tendency to interfere with the administration of justice with the intention of so interfering, whether or not the action would otherwise be improper Ð whether, if such an intention is not shown, the impropriety of any pressure is the crucial issue Ð onus of proof Ð criminal nature of contempt proceeding Ð whether directors were involved in an act of contempt by their company Ð circumstances in which a contemnorÕs mixed motives and provocation given by the applicant justified the Court in making no order, leaving the contemnor simply to bear its own costs.

Federal Court of Australia Act 1976, s 31(1)

Re Read and Huggonson (St JamesÕs Evening Post Case) (1742) 2 Atk 469; 26 ER 683 referred to Ambard v Attorney-General for Trinidad and Tobago [1936] AC 322 referred to Solicitor-General v Radio New Zealand Ltd [1994] 1 NZLR 48 referred to Australasian Meat Industry EmployeesÕ Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 referred to Director General of Fair Trading v Pioneer Concrete (U.K.) Ltd [1995] 1 AC 456 referred to Victoria v The Australian Building Construction EmployeesÕ and Builders LabourersÕ Federation (1982) 152 CLR 25 referred to Hinch v Attorney-General for Victoria (1987) 164 CLR 15 referred to HarrisonÕs Case (1638) Cro Car 503;79 ER 1034 referred to Morris v Crown Office [1970] 2 QB 114 referred to R v Hill [1986] Crim LR 457 referred to R v Powell (1993) 98 Cr App Rep 224 referred to Re Goldman [1968] 3 NSWR 325 referred to R v MacDonald [1994] 1 VR 414 referred to Attorney-General v Butterworth [1963] 1 QB 696 applied Morris v Wellington City [1969] NZLR 1038 applied R v Taffs [1991] 1 NZLR 69 referred to