IceTV Pty Ltd v Stuart Duncan Ross & Ors [2009] NSWSC 731

New South Wales Supreme Court

CITATION : IceTV Pty Ltd v Stuart Duncan Ross & Ors [2009] NSWSC 731

HEARING DATE(S) : 23/06/09, 26/06/09, 21/07/09, 24/07/09

JUDGMENT DATE : 31 August 2009

JUDGMENT OF : Forster J at 1

CATCHWORDS : Contempt of court - attempt to pervert the course of justice - witness swears affidavits in support of, and filed by, defendants - witness has ongoing business relationship with managing director of plaintiff - in an application to have him punished for contempt of court, it is alleged that prior to the final hearing, the managing director of the plaintiff (a) threatened witness in various ways if he continued to support defendants - (b) made disparaging remarks to the witness concerning the honesty and integrity of the defendants - and (c) persistently requested the witness to speak to the plaintiff's solicitor to inform the solicitor of certain matters unfavourable to the defendants, of which matters the witness had previously informed the managing director. - As to (a) the court is not satisfied beyond reasonable doubt that the alleged threats were made - as to (b) and (c), although the court was satisfied that the allegations were proved, held that in the circumstances they did not constitute a contempt of court.

LEGISLATION CITED : Crimes Act 1900 (NSW) Supreme Court Rules 1970 (NSW)

Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322 Moukhayber v Camden Timber & Hardware Co Pty Ltd [2002] NSWCA 58 CASES CITED : Timms v Commonwealth Bank of Australia [2004] NSWSC 76 R v Rogerson (1992) 174 CLR 268 R v Vreones [1891] 1 QB 360 at 369

Applicants: PARTIES : Stuart Duncan Ross Peter Vogel Respondent: IceTV Pty Ltd