PATTON v AUSTRALIAN CONSOLIDATED PRESS LTD (NO 1) [1989] NSWCA 161

PATTON v AUSTRALIAN CONSOLIDATED PRESS LTD (NO 1) SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, SAMUELS and MEAGHER JJA 6 October 1989, 6 October 1989

[1989] NSWCA 161

CONTEMPT — announced refusal by witness to attend court despite subpoena served on her — letter states witness departing for United States — witness fails to appear at court to answer motion before Allen J — matter referred to Court of Appeal — summons charging contempt of court issued — application for orders restraining witness from leaving jurisdiction and requiring surrender of passport — held: Orders made to defend the process of the Court — summons returned and hearing expedited. The Prothonotary v Collins (1985) 2 NSWLR 549 (CA) and Waterhouse and Another y Australian Broadcasting Corporation (1986) 6 NSWLR 733 (CA) referred to.

1. Return the summons of the claimant before the Court on Monday 9 October 1989 at 9.45 am;

2. Abridge the rules as to the service of the summons, and grant leave to the claimant to serve the summons upon Mrs Harrison before 12.30 pm on Sunday 8 October 1989;

3. Order Mrs Vivien Rosalind Harrison to surrender her passport to the Sheriff of the Supreme Court forthwith, and in any case before Monday 9 October 1989 at 9.45 am;

4. Order that Mrs Vivien Rosalind Harrison be restrained from leaving New South Wales before and including 23 October 1989, or further or other order of the Court of Appeal;

5. Reserve costs; and

6. Give liberty to any party to restore this matter to the list at any time at one day's notice to any other party.

Kirby P At the end of the Court's list today, an urgent matter was referred into the Court of Appeal by Allen J. His Honour earlier today had before him an application for relief by Sandra Anne Patton. She is the plaintiff in defamation proceedings, which are listed for hearing in the Common Law Division of the Supreme Court on 23 October 1989. Mrs Patton claims relief in respect of the actual, or apprehended, contempt of court by a person upon whom a subpoena has been issued to attend to give evidence in the action.