PATTON v HARRISON [NO 2] [1989] NSWCA 162

PATTON v HARRISON [NO 2]

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY, PRIESTLEY JJ, and MEAGHER JA 18 October 1989, 18 October 1989

[1989] NSWCA 162

CONTEMPT — threatened refusal to obey subpoena application to purge contempt — parties agree to consent orders dissolving earlier orders and discharging warrant to arrest contemnor — Court approves — observations by Kirby P on public costs incurred by the community as well as private costs involved in the attempt to arrest the contemnor and to prevent her leaving the jurisdiction in defiance of a subpoena of the Supreme court — orders made. CONTEMPT — penalty — relevance of public as well as private costs incurred to uphold the process of the Court.

Kirby P (On behalf of the Court) An order from the Court is required in the circumstances of the apologies given to the Court, in appropriately handsome terms, by Mr Trew of Queen's Counsel, who appears on behalf of the second opponent, Mrs Harrison. The circumstances of this unfortunate case are set out in earlier reasons of the Court. No point is served by repeating them now. Mrs Harrison stands charged with contempt of court. She is endeavouring to purge her contempt.

Quite apart from the costs which have been incurred by the parties, not insubstantial costs were incurred by the community as a result of this adventure. Those costs included the costs of the Sheriff of this Court and of the Australian Federal Police, the migration officers and the New South Wales Police, all of whom were mobilised to attempt to arrest Mrs Harrison to prevent her effecting her announced plan to leave the jurisdiction in defiance of a subpoena of the Supreme Court.

However, in all of the circumstances, the orders which have been proposed to the Court appear to the Court to be appropriate. They will, therefore, be made in those terms. But they are made without in the slightest way derogating from the insistence of the Court that the process of the Supreme Court be obeyed.