NSW Caselaw
Reported Decision : 64 NSWLR 58
New South Wales Court of Appeal
Athens & Anor. v. Randwick City Council [2005] NSWCA 317 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 10 - 12 August 2005
JUDGMENT DATE: 16 September 2005
JUDGMENT OF: Hodgson JA at 1; Santow JA at 128; Tobias JA at 141
DECISION: Appeal dismissed with costs
CATCHWORDS: PROCEDURE - CONTEMPT OF COURT - JUDGMENTS AND ORDERS - Construction of court orders - Use of extrinsic material - Need for certainty - Relevance of prejudice where alleged uncertainty minor - Applicability of criminal procedure to contempt proceedings - EVIDENCE - Exclusion of evidence improperly obtained - Conversations with persons encountered on premises during execution of search warrant - Whether improperly obtained - Whether inadmissible as hearsay - Whether admissible as statement of intention - Cross-examination of officer of company on return of subpoena to company - Whether part of evidence in the proceedings.
LEGISLATION CITED: Evidence Act 1995 ss.64, 72, 138
Attorney-General v. Punch Limited [2003] 1 AC 1046 Australian Consolidated Press Limited v. Morgan (1965) 112 CLR 483 Australian Energy Limited v. Lennard Oil Limited [1988] 2 QdR 230 Australian Energy Ltd v Lennard Oil Ltd [1988] 2 QdR 230 at 232 Bankstown City Council v. Allamdo Holdings Pty. Ltd. [2004] NSWCA 325, 135 LGERA 312 Caruso v. Holtby [1999] WASC 39 Construction, Forestry, Mining & Energy Union v. BHP Steel (AIS) Pty. Limited (2003) 196 ALR 350 Coward v. Stapleton (1953) 90 CLR 573 Dobson v. Morris (1975) 4 NSWLR 681 Ecrosteel Pty Ltd v Pefor Printing Pty Ltd (Santow J, SCNSW, 12 November 1997, unreported) Environment Protection Authority v. Alkem Drums Pty. Limited (2001) 113 LGERA 130 Ex Parte Graham, Re Dowling (1968) 88 WN(Pt.1)NSW 270 Harris v. Harris [2001] 2 FLR 895 CASES CITED: Johnson v. Miller (1937) 57 CLR 467 Kirkpatrick v. Kotis [2004] NSWSC 1265 Kwikspan Putlin System Pty Ltd v Federal Commissioner of Taxation (1986) 86 ATC 4602 Lewis v. Nortex Pty. Limited [2002] NSWSC 1064 McNair Anderson Associates Pty. Ltd. v. Hinch [1985] VR 309 Microsoft Corporation v. Marks (No.1) (1996) 69 FCR 117 Prout v. La Rosa [2005] WASCA 98 Re A Bankrupt: Rudkin-Jones v. The Trustee of the Property of the Bankrupt [1965] 109 Sol.Jnl. 334. Repatriation Commission v. Nation (1995) 57 FCR 25 The Commissioner of Water Resources v. Federated Engine Drivers & Firemen's Association of Australasia Queensland Branch [1987] 2 QdR 385 Trade Practices Commission v. Arnott's Limited (No.2) (1989) 21 FCR 306 Witham v. Holloway (1995) 183 CLR 525 Wysznski v. Bill [2005] NSWSC 110
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate