DITFORT v CALCRAFT (NO 2) [1990] NSWCA 54

DITFORT v CALCRAFT (NO 2)

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, PRIESTLEY JA and Hope AJA 30 January 1990, 2 February 1990

[1990] NSWCA 54

CONTEMPT — punishment — proper order — whether order of reprimand appropriate or required — whether findings of the Court disclosed in its reasons are sufficient — seriousness of contempt — legally qualified member of the Australian Public Service fails to ensure an adequate answer to a subpoena issued by the claimant in criminal proceedings in which he was involved — fails otherwise properly to comply with the subpoena or to seek further time for doing so — extenuating circumstances relating to the opponent and to the circumstances of the service of the subpoena — effective publicity of the finding of contempt upon the opponent — held: (1) In the circumstances no order of reprimand need be made, the reasons of the Court being sufficient reprimand to the opponent in the circumstances. New South Wales Bar Association v Thomas (No 2), Court of Appeal, unreported, 18 December 1989; (1989) NSWJB 222 referred to; (2) The opponent should be ordered to pay the claimant's costs assessed at $5, OOO. Cachia v Isaacs and Ors, Court of Appeal, unreported, 23 March 1989; (1989) NSWJB 46 referred to. Crimes (Taxation Offences) Act 1980 (Cth). Extradition (Foreign States) Act 1966 (Cth), s10(4).

Kirby P, Priestley JA and Hope AJA. For the reasons given by the Court on 22 December 1989 the charge of contempt of court brought by the claimant against the opponent was held to have been made out. The Court concluded that Mr Calcraft was the source, within the Department of Foreign Affairs and Trade, of a response to a subpoena of the Supreme Court which, it was agreed, was incomplete and inaccurate. The Court held that although the case was not one of wilful and contumelious defiance of a subpoena, neither was it a case of accidental and unintentional disobedience. It is unnecessary to repeat the findings of the Court which are contained in the earlier Reasons for Judgment.