Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan (No 23) [2017] NSWSC 535

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan (No 23) [2017] NSWSC 535 Hearing dates: 18 November 2016, 25 November 2016, 23 December 2016 (written submissions), 15 February 2017, 16 March 2017 (further written submissions), 23 March 2017 (further written submissions), 20 April 2017 and 5 May 2017 Date of orders: 02 June 2017 Decision date: 02 June 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The finding that Mr Chan was in contempt of the Local Court is revoked; (2) The summons is dismissed; (3) The matter is remitted to the Local Court; (4) There be no order as to costs. (5) All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: CONTEMPT OF COURT – contempt of Local Court – vexatious litigant – jurisdictional question arising from Prothonotary of the Supreme Court of New South Wales v Dangerfield [2016] NSWCA 277 –construction of the Local Court Act and r 55.11 of the Supreme Court Rules – nature of Local Court's power of referral of contempt to this Court – whether s 24 of the Local Court Act required that proposed contemnor be afforded procedural fairness before the power of referral to this Court exercised by the Local Court –procedural fairness required but not afforded –finding of contempt revoked – orders made – summons dismissed and matter returned to Local Court Legislation Cited: District Court Act 1973 (NSW) Local Court Act 1982 (NSW) (repealed) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Mine Subsidence Board v Wambo Coal Pty Ltd (2007) 154 LGERA 62 Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan (No 20) [2016] NSWSC 855 Prothonotary of the Supreme Court of New South Wales v Dangerfield [2016] NSWCA 277 State of New South Wales v Kable (No 2) (2013) 252 CLR 118; [2013] HCA 26 Category: Procedural and other rulings Parties: Prothonotary of the Supreme Court of New South Wales (Plaintiff) Yau Hang Chan (Defendant) Representation: Counsel: Mr D Kell (Plaintiff)