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. The orders which the Court will make for these reasons shortly stated are: 1. Order that Australian Consolidated Press Limited be added as the first opponent to the proceedings herein to the intent that Vivienne Roslyn Harrison is the second opponent; 2. Order that the second opponent pay the costs of the claimant assessed in the amount of $7,771 and do so by 4 pm on Friday 20 October 1989, such payment to be made to the claimant's solicitors, Messrs Landers, O'Reilly and Company; 3. Order that the second opponent pay the costs of the first opponent assessed at $7,000, such sum to be paid to the second opponent's solicitors, Gadens Ridgeway, by 4 pm on Friday, 20 October 1989. 4. Order that all interlocutory orders made against the second opponent in proceedings numbered CA 40564 of 1989, Common Law number 18657 of 1986 be dissolved; 5. Without limiting order 4, order: (i) that the orders numbers 3 and 4 made by this Court on 6 October 1989 be dissolved; 2 UNREPORTED JUDGMENTS (ii) that orders numbers 1 and 2 made by this court on 9 October 1989 be dissolved; and (iii)that the warrant for the arrest of Vivienne Roslyn Harrison, issued by the Court, be discharged. 6. Note that the second opponent had handed to her solicitors a bank cheque in the sum of $15,771 to be deposited into the trust account of Messrs Walsh, James, solicitors; 7. Note the undertaking to the court by Mr David Baskin, solicitor, that he will not disburse, other than in accordance with paragraph 8 herein, the moneys referred to in paragraph 6 until he has first applied the moneys to pay the costs ordered in paragraphs 2 and 3 herein. 8. Note that the undertakings referred to in paragraphs 6 and 7 herein shall not operate so as to preclude Mr David Baskin investing the funds in any bank account or building society account pending payment of any costs order referred to herein. 9. Upon the second opponent paying to (a) Messrs Landers, O'Reilly and Co $7,771 and; (b) Messrs Gadens Ridgeway the sum of $7,000, the second opponent's solicitor, Mr Baskin, is released from his undertaking to the Court that the second opponent's passport shall remain in his custody and he shall therefore be at liberty to deliver the said passport to the second opponent. 10. Note that Mr Baskin undertakes to the Court: (a) that he will pay the sum of $7,771 to Landers, O'Reilly and Co, and; (b) the sum of $7,000 to Gadens Ridgeway on or before 4 pm on 20 October 1989 out of the funds referred to in paragraph 6 above. 11. Summons dismissed. Motion dismissed. Counsel for the Claimant: J Gibson Solicitors for the Claimant: Landers O'Reilly and Co Counsel for the first Opponent: S Wheelhouse Solicitors for the first Opponent: Gadens Ridgeway Counsel for the second Opponent: J L Trew QC with Mr Williams Solicitors for the second Opponent: Walsh James