COOK and ORS v PHILLIPS and ORS [1995] NSWCA 94

COOK v PHILLIPS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBy ACJ, MAHONEY AP and SHELLER JA 14 July 1995, 29 September 1995 [1995] NSWCA 94

CONTEMPT — threatening words to witness in waiting in courtroom — witness touched on shoulder — held contempt proved — declaration made — contemnor ordered to pay costs on indemnity basis.

McIntyre v Perkes and Anor (1987) 15 NSWLR 417 (CA) consd.

CONTEMPT - threats to witness in civil proceedings - threats occur in courtroom but are not heard or seen by trial judge - complaint of contempt referred to the Court of Appeal - dispute concerning words used but admission that contemnor did speak to and touch a witness in waiting - held: (1) The conduct of the contemnor amounted to contempt which have been proven beyond reasonable doubt; (2) In the circumstances, it would be adequate to (a) make a declaration to that effect; and (b) order the contemnor to pay the complainant's costs on an indemnity basis. McIntyre v Perkes and Anor (1987) 15 NSWLR 417 (CA) applied; Attorney-General v Haydon, Court of Appeal (NSW), unreported, 23 November 1994; [1994] NSWJB 146 distinguished.

ORDERS

1. That it be declared that Ian Gregory Phillips is guilty of contempt of court in that on 19 April 1995 in Court 8A in the Supreme Court of New South Wales he said and did the matters referred to in the Statement of Charge; and

2. That Ian Gregory Phillips be directed to pay to Phillip Geoffrey Cook on account of the costs incurred by Mr Cook and in to the present proceeding the sum of $7,000, such payment to be made on or before 13 October 1995.

Kirby ACJ The basic facts are set out in the reasons of Mahoney AP.

I agree with his Honour's conclusion that it was proved, beyond reasonable doubt, that Mr Ian Phillips (the opponent) was guilty of contempt of court in the circumstances described.