Street & Ors v Luna Park Sydney Pty Ltd & Anor [2006] NSWSC 624

New South Wales Supreme Court

CITATION : Street & Ors v Luna Park Sydney Pty Ltd & Anor [2006] NSWSC 624 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 19/05/06

JUDGMENT DATE : 23 June 2006

JUDGMENT OF : Gzell J

DECISION : Notices of motion and statements of charge dismissed with costs.

CATCHWORDS : PROCEDURE - Contempt, attachments and sequestration - Company director sends an email to Government Minister lobbying for amendment to legislation containing extracts from an affidavit and expert report served on the company by the plaintiffs in their proceedings against it for noise nuisance from Luna Park - He also sends a copy of a newspaper article summarising and quoting from other affidavits served on the company - A third party in lobbying the Minister resends the director's email - The lobbying was successful and amending legislation was passed preventing the bringing of any proceedings or noise abatement action with respect to emissions of noise from Luna Park and declaring the emission of noise not to constitute a public or private nuisance if the noise did not exceed a specified level - Plaintiffs abandon their action - No evidence that director or third party knew of the company's implied undertaking not to use the information for any purpose not directly connected with the conduct of the proceedings - Whether either guilty of contempt by breaching an implied undertaking - Whether guilty of contempt by republishing extracts from affidavits quoted in the newspaper article - Whether guilty of contempt by communications that created a real tendency to interfere with the administration of justice in the proceedings

Luna Park Site Amendment (Noise Control) Act 2005 Luna Park Site Act 1990 LEGISLATION CITED : Supreme Court Rules 1970 Luna Park Site Amendment (Noise Control) Bill 2005 Uniform Civil Procedure Rules 2005