ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD and ANOR [1997] NSWCA 30

ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD and ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and POWELL JJA 3 October 1997, 16 October 1997 [1997] NSWCA 30

CONTEMPT — real and practical tendency to interfere with the administration of justice — words constituted clear contempt — broadcast — no argument that broadcaster not guilty of contempt.

Ex parte Bread Manufacturers Ltd; re Truth and Sportsman Ltd ((1937) 37 SR 242); Attorney General for New South Wales v John Fairfax & Sons Ltd ((1986) 6 NSWLR 695)); Attorney General v MGN Ltd & Ors [1997] 1 AER 456).

FACTS

Claimant by way of Amended Summons seeks declaration that both opponents are guilty of contempt, the first opponent by broadcasting the words constituting contempt made by the second opponent, which were made on day three of a murder trial.

HELD

By Meagher JA, Priestley, Powell JJA agreeing:

The remarks of the second opponent had a tendency and a real and practical tendency to interfere with the administration of justice.

By Powell JA, Priestley JA agreeing:

If the effect of publication of the matter complained of would be to expose a litigant to a real risk that potential jurors in a current or pending trial - whether civil or criminal, would be prejudiced against him then the publication complained of might properly be regarded as having had the appropriate tendency and, thus, as constituting a contempt of court.

Priestley JA

Meagher JA and Powell JA in their separate reasons say all that needs to be said in the present case on the question whether Radio 2UE Sydney Pty Ltd and Mr J Laws are guilty of the contempt with which they were charged. For the reasons they give both the station and the commentator were guilty of serious contempt of court. I agree with the orders proposed by Meagher JA.