NSW Caselaw
Reported Decision : 62 NSWLR 309
New South Wales Court of Appeal
CITATION: Johnston v Nationwide News Pty Ltd & 1 Or [2005] NSWCA 17
HEARING DATE(S): 11/02/05
JUDGMENT DATE: 11 February 2005
JUDGMENT OF: Spigelman CJ at 28; Beazley JA at 39; Ipp JA at 2
DECISION: Application for leave to appeal dismissed.
CATCHWORDS: PRACTICE AND PROCEDURE - Contempt - Referring question of contempt under s 203 District Court Act 1973 (NSW) to the Supreme Court - Not a "judgment or order in an action" as required by s 127(1) of the Act to be referable - Appeal not competent - COSTS - Leave to appeal - Judicial reluctance to grant leave to appeal in respect of costs orders alone. D
District Court Act 1973 (NSW), ss 127(1), 128(2A), 148B(1)(a), 203 LEGISLATION CITED: Supreme Court Rules, Pt 55 r 11 Courts Legislation Further Amendment Act 1995 (NSW)
Capaan v Joss Managing Director Westpac [No 2] (unreported, NSWCA, 6 June 1994) Fraser Credits Pty Limited v Osterberg-Olsen [1978] 1 NSWLR 121 CASES CITED: Killen v Lane [1983] 1 NSWLR 171 Legal Practitioners Complaints Committee v A Practitioner (1987) 46 SASR 126 Registrar of the Court of Appeal v Maniam [No 1] (1991) 25 NSWLR 459
Shannon Johnston (Claimant) PARTIES: Nationwide News Pty Ltd (First Opponent) The State of New South Wales (Second Opponent)
FILE NUMBER(S): CA 40519/04
C Evatt/R Pincus (Claimant) COUNSEL: A Leopold (First Opponent) M G Sexton SC, SG/A Mitchelmore (Second Opponent)
Friend & Co (Claimant) SOLICITORS: Blake Dawson Waldron (First Opponent) I V Knight, Crown Solicitor (Second Opponent)
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