REGISTRAR, COURT OF APPEAL v CRAVEN [1994] NSWCA 260

REGISTRAR, COURT OF APPEAL vy CRAVEN

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

KIRBY P, MEAGHER JA and POWELL JA 7 December 1994

[1994] NSWCA 260

PRACTICE & PROCEDURE — Court of Appeal — adjournment — prosecution for contempt of court — Court delivers reasons for dismissing some charges, finding others proved — before entry of formal orders prosecutor files motion seeking correction of Court's opinion and foreshadowed orders — prosecutor seeks substitution of conviction for acquittal of the accused contemnor — counsel for contemnor asserts inability to meet new argument on date foreshadowed for hearing of sentencing of contemnor — affidavit of contemnor disclosed stating that he relied upon the advice of counsel in refusing to answer the questions constituting the contempt of court found — prosecutor foreshadows intention to cross-examine the contemnor upon this evidence — possible need for defending counsel to withdraw — held: (Kirby P and Powell JA; Meagher JA dissenting): The sentencing proceedings should, in the circumstances, be adjourned to an early future date. Sydney City Council v Ke-su Investments Pty Ltd (1985) NSWLR 246 (CA); GSA Industries Pty Ltd v NT Gas Ltd (1990) 24 NSWLR 710 (CA) considered.

CRIMINAL LAW & PROCEDURE — contempt — sentencing — inability to proceed because of (a) late motion on a short legal point; (b) possible need for counsel for accused contemnor to withdraw — held: (Kirby P and Powell JA; Meagher JA dissenting): Proceedings should be adjourned upon ground (b).

Commonwealth Director of Public Prosecutions Act 1988 .

Kirby P. On 11 November 1994 this Court delivered reasons for a course which it favoured in respect of a summons brought by the Registrar for declarations that the opponent, Mr Craven, was guilty of contempt of court for refusing to answer certain questions as a witness at the trial of a third person in the District Court before Shadbolt DCJ and a jury.