NSW Food Authority v Nutricia Australia Pty Ltd [2008] NSWCCA 252

New South Wales Court of Criminal Appeal

CITATION: NSW Food Authority v Nutricia Australia Pty Ltd [2008] NSWCCA 252 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 16 June 2008

JUDGMENT DATE: 6 November 2008

JUDGMENT OF: Spigelman CJ at 1; Hidden J at 201; Latham J at 202

DECISION: The questions on the Stated Case are to be answered as follows (a) No; (b) No; (c) No; (d) No; (e) No; (f) No; (g) No.

CATCHWORDS: PROCEDURE - Rules of court - whether provision for administration of interrogatories in criminal proceedings - Part 75 rule 11 Supreme Court Rules 1970 - STATUTORY INTERPRETATION – Clear statement principle – integrity of the system of criminal justice – need for a clear statement before parliament will be taken to authorise a contempt of court – section 37 (1)(o) and (q) Food Act 2003 - PROCEDURE - Contempt - what constitutes – not mere advantage – improper interference with legal proceedings – exercise of statutory power to obtain documents and answers to interrogatories – section 37 (1)(o) and (q) Food Act 2003 - STATUTORY INTERPRETATION - Abridgement of the accusatory system – clear statement required to authorise steps to compel an accused to provide information for purposes of proceedings – role of derivative use – section 37 (1)(o) and (q) Food Act 2003

Australian Industries Preservation Act 1906 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Procedure Act 1986 Evidence Act 1965 Food Act 2003 Income Tax Assessment Act 1936 (Cth) Supreme Court Rules 1970 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005