DITFORT v KATZ [1991] NSWCA 80

DITFORT v KATZ [1991] NSWCA 80

A statement of charge alleging a barrister made a false statement to the court is incapable of sustaining a charge of contempt unless it alleges that the statement was made with knowledge of its falsity or with intent to deceive; absence of such an allegation makes the summons incompetent and it should be dismissed.

Parties
Claimant: Grant Anthony Ditfort; Opponent: Leslie Katz
Jurisdiction
Australia
Judgment Date
08 July 1991
Procedural Posture
Contempt Proceedings / Motion for Summary Dismissal
Outcome
summons dismissed with costs
Legal Topics
Abuse of Process, Advocates' Duty to the Court, Requirement of Knowledge of Falsity for Contempt
Contempt of Court Abuse of Process Advocates' Duty to the Court Requirement of Knowledge of Falsity for Contempt

Case Brief

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Parties

Grant Anthony Ditfort

Claimant

Leslie Katz

Opponent

Procedural Posture

Contempt Proceedings / Motion for Summary Dismissal

Legal Issues

  1. 1 Whether a statement of charge alleging a barrister made a false statement to a court is sufficient for contempt without alleging knowledge of falsity or intent to deceive.
  2. 2 Whether intention to interfere with the due administration of justice is required for contempt in such cases.

Ratio Decidendi

A statement of charge alleging a barrister made a false statement to the court is incapable of sustaining a charge of contempt unless it alleges that the statement was made with knowledge of its falsity or with intent to deceive; absence of such an allegation makes the summons incompetent and it should be dismissed.

Court Disposition

summons dismissed with costs

Orders

  • Summons dismissed with costs.