REGISTRAR OF THE COURT OF APPEAL v JOHN FAIRFAX GROUP PTY LTD and ANOR [1995] NSWCA 389

REGISTRAR OF THE COURT OF APPEAL v JOHN FAIRFAX GROUP PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, MAHONEY and POWELL JJA 7 December 1994, 23 February 1995 [1995] NSWCA 389

CONTEMPT OF COURT- penalty — publication of article revealing recent conviction of accused causing trial to be aborted — interference unintentional — resulting from failure of employee to pass on information and failure to instruct employee properly — fine unnecessary

CONTEMPT OF COURT — liability — whether open to second opponent to disclaim liability at penalty hearing — no substantial public interest or urgency in publication of article — relationship between information in article and subject matter of trial more than incidental. Registrar of the Court of Appeal v Willesee (1985) 3 NSWLR 650; Ex parte Bread Manufacturers Ltd; Re Truth and Sportsman Ltd (1937) 37 SR (NSW) 242; Hinch v Attorney-General (Vic) (1987) 164 CLR 15, distinguished

CONTEMPT OF COURT — PENALTY The opponents committed contempt of court as a result of the publication of an article which caused a part heard criminal trial to be aborted as to one of the accused. The evidence on penalty showed that the interference with the trial was unintentional, and the publication resulted from a breakdown in communication. The evidence revealed a defect in the first opponent's procedures, but it was not a major defect — HELD — the case did not require the imposition of a fine upon either opponent.

RESULT: Declarations made but no penalty imposed

Gleeson CJ, Mahoney and Powell JJA On 21 October 1994 the court, having heard evidence and argument on the question of liability, determined that the declarations sought in the summons should be made. It was held that the opponents had committed contempt of court as a result of the publication in the Sun Herald newspaper of 21 November 1993 of certain information relating to a person (M) who, on that date, was the subject of a part heard criminal trial. He was charged with conspiracy to rob an Armaguard van.