JACKMAN v YOUNG NO 1 [1992] NSWCA 118

JACKMAN v YOUNG No 1

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, CLARKE and Cripps JJA 22 April 1992, 22 April 1992

[1992] NSWCA 118

CONTEMPT — delayed execution of warrant for arrest — arrest follows departure from jurisdiction in alleged contempt of orders of Supreme Court (Kearney J) — contemnor arrested on warrant issued by Hope J in 1980 — provision for hearing of charge of contempt — application for, and provision of, bail to contemnor. BAIL — contempt — jurisdiction of Court of Appeal to grant. Ex tempore. Order made. Bail granted CONTEMPT — bail — provision of bail to contemnor — contemnor arrested in precincts of Supreme Court to answer warrant for arrest issued 1980 — warrant follows departure from Australia with son in defiance of orders of Supreme Court — contemnor voluntarily returns to Australia — surrenders travel documents — bailed by Local Court upon charges brought under Passports Act and Family Law Act application for bail — held: Assuming the Court of Appeal has the power to grant bail as incidental to its jurisdiction to dispose of the proceedings for contempt or in the capacity of the judges as Judges of the Supreme Court bail should be granted upon conditions.

BAIL — contempt of Court — provision of bail by Court of Appeal whether jurisdiction as incidental to contempt charge — whether jurisdiction as judges of Supreme Court — in the absence of contest, jurisdiction assumed.

Family Law Act 1975 (Cth). Passports Act 1938 (Cth).

ORDERS

1. Grant bail to the opponent, Mr Gary Young, upon the following conditions:

(a) that he should report daily to the Merrylands Police Station until discharged from that requirement by further or other order of the Court;

(b) that he should give security himself in the sum of $10,000 to appear before the Supreme Court to answer to his bail and to the offence of contempt of which he stands charge; and