Nuclear Utility Technology & Environmental Corporation Inc v Australian Broadcasting Corporation; on the application of Bayliss v Australian Broadcasting Corporation [2009] NSWSC 78

New South Wales Supreme Court

CITATION : Nuclear Utility Technology & Environmental Corporation Inc v Australian Broadcasting Corporation; on the application of Bayliss v Australian Broadcasting Corporation [2009] NSWSC 78

HEARING DATE(S) : 12/08/2008; 14/8/2008

JUDGMENT DATE : 26 February 2009

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

The orders that I propose are: DECISION : 1. I note that I am not satisfied that there are reasonable grounds for finding that the ABC has committed the offence of contempt. 2. I direct the ABC to inform Mr Bayliss within 14 days of any claim of client legal privilege in respect of any document sought in his notice to produce dated 14 August 2008. 3. I dismiss the application by Mr Bayliss for a direction requiring the ABC to file and serve affidavits and written submissions in respect of the contempt application.

CATCHWORDS : COMMON LAW - criminal contempt - threats by solicitors to seek personal orders against opposing solicitor for costs thrown away and retainer costs - costs threats mixed with settlement offers - loss of client legal privilege - whether reasonable grounds for concluding privileged communications made in furtherance of alleged contempt - propriety of threatening to seek costs against opposing solicitor before conclusion of proceedings - COMMON LAW - inherent jurisdiction to punish summarily for contempt out of court - summary procedure - whether defendant should be directed to disclose evidence in advance of hearing

Civil Procedure Act 2005 Criminal Procedure Act 1986 Defamation Act 1974 LEGISLATION CITED : Evidence Act 1995 Legal Profession Act 1987 Supreme Court Act Supreme Court Rules Uniform Civil Procedure Rules