YOUNG v REGISTRAR OF THE COURT OF APPEAL [NO 1] [1992] NSWCA 284

YOUNG v REGISTRAR OF THE COURT OF APPEAL [No 1] SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 11 November 1992, 11 November 1992 [1992] NSWCA 284

PRACTICE AND PROCEDURE — bail — variation of — contempt proceedings in Court of Appeal — contempt arises out of earlier departure of contemnor from Australia — application by contemnor for leave to depart Australia temporarily on business visit to China — held: (by Kirby P): The contemnor's bail conditions should be varied to permit his departure from Australia conditional upon the deposit of security of cash, or equivalent, of $10,000 and security over his parents' real property and insurance policy.

Kirby P Mr Gary Young is before the Court this morning on an application for avariation of conditions of his bail.

The application is made by a motion. The motion is ancillary to a summons which has been filed by the Registrar of this Court. The summons claims that Mr Young has been guilty of contempt and should be dealt with accordingly. The proceedings for contempt are before the Court. They were originally listed for hearing in September 1992, but that date was vacated. They have not yet been re-listed for hearing. However, in the nature of the Court's list it is likely that that will now be heard some time in February 1993.

The application for a variation of the bail conditions is made so as to permit Mr Young to proceed to Beijing, in the People's Republic of China, in the week of 14 to 21 November 1992 or thereabouts, depending upon airline timetables. The purpose of the visit is set out in a number of affidavits, which have been read before me this morning. Those affidavits, and certain oral evidence which Mr Young has given, suggest that he is in negotiation with interests in the People's Republic of China for the purpose of providing television receiving equipment, which will enable television signals to be received in Australia via satellite. This equipment is proposed to be sold within Australia.