Principal Registrar, Supreme Court of New South Wales v Katelaris [2001] NSWSC 724

New South Wales Supreme Court

CITATION : Principal Registrar, Supreme Court of New South Wales v Katelaris [2001] NSWSC 724 CURRENT JURISDICTION: Civil FILE NUMBER(S) : SC 12723/00 HEARING DATE(S) : 22 June 2001, 27 July 2001, 17 August 2001 JUDGMENT DATE : 17 August 2001

PARTIES : Principal Registrar, Supreme Court of NSW (Plt) Andrew Katelaris (Def) JUDGMENT OF : McClellan J

P Lakatos/I Adams (Plt) COUNSEL : S Baker (Def - 22 June, 27 July) Dr Katelaris (Def in person 17 August) SOLICITORS : I V Knight (Plt) Dr Katelaris (Def in person) CATCHWORDS : CONTEMPT OF COURT - judgment on penalty - where defendant found to have deliberately hit and abused a barrister out of frustration and to achieve revenge for the fact that he had been made a party to lengthy and hotly disputed litigation - possibility of litigation is an ever present threat for a professional person that should be acknowledged and accepted as one of the inevitable burdens of professional life - the community must however ensure that the litigation process is not compromised and remains free of any risk that witnesses or advocates may be deflected from their essential obligations - where apology and acknowledgement of transgressions made - action of the defendant not premeditated but rather a spontaneous gesture prompted by frustration and grief - declaration that defendant is guilty of contempt of court made - defendant ordered to pay plaintiff's costs. CASES CITED : Cook & Ors v Phillips & Ors (NSWCA) unreported, 29 September 1995 DECISION : See paras 21, 22

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

McCLELLAN J