SECRETARY, COMMONWEALTH ATTORNEY-GENERAL'S DEPARTMENT v DITFORT [1989] NSWCA 182

SECRETARY, COMMONWEALTH ATTORNEY-GENERAL'S DEPARTMENT v DITFORT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 13 November 1989

[1989] NSWCA 182

Kirby P The Secretary of the Attorney-General's Department of the Commonwealthof Australia moves the Court for an order that a subpoena addressed to him be set aside. He seeks costs and other relief. The proceedings referred to in the subpoena are listed to come before the Court tomorrow and the following day, 14 and 15 November 1989. Those proceedings involve a charge by Grant Anthony Ditfort of contempt of court on the part of Graham Vincent Brown arising out of an alleged contempt of the Supreme Court by Mr Brown, an officer of the Commonwealth, connected with the answer made to an earlier subpoena issued out of the Court.

The basis of the motion is primarily that the subpoena addressed to the Secretary of the Attorney-General's Department is, on its face, irrelevant to the issues which are before the Court on the charge of contempt brought against Mr Brown. The charge of contempt has a long background. This is referred to in ancillary proceedings involving a like application by the Federal Director for Public Prosecutions and in certain earlier proceedings between the present parties. I am dealing with the matter in the Motions List of the Court and pursuant to s46 of the Supreme Court Act 1970.

It is suggested that a comparison of documents sought in the schedule to the subpoena under challenge and the answers given to the Supreme Court which are said to give rise to Mr Brown's contempt, are so dissimilar as to be "chalk and cheese". It may be that it will so appear to the Court when it sits to hear the proceedings concerning Mr Brown. However, the matter is of some complexity. Iam not inclined, on my present inadequate understanding of the issues involved, to grant the relief that is sought in the motion upon the basis relied upon.