YOUNG v REGISTRAR OF THE COURT OF APPEAL [NO 1] [1992] NSWCA 284
Given credible evidence of business purpose, sufficient security provided by the applicant and his parents, and the grave consequences of non-return, bail conditions should be varied to allow travel, subject to strict terms protecting the respondent.
- Parties
- Claimant: Gary Young; Opponent: Registrar of the Court of Appeal
- Jurisdiction
- Australia
- Judgment Date
- 11 November 1992
- Procedural Posture
- Application for Bail Variation in Contempt Proceedings / Interlocutory Application
- Outcome
- Bail conditions to be varied permitting applicant's temporary overseas travel on terms to be settled; applicant to bear costs.
- Legal Topics
- Bail Variation, Contempt of Court, Security for Bail
Case Brief
Summary, issues, holding and outcome
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Parties
Gary Young
Claimant
Registrar of the Court of Appeal
Opponent
Procedural Posture
Application for Bail Variation in Contempt Proceedings / Interlocutory Application
Legal Issues
- 1 Should Mr Young's bail conditions be varied to permit temporary overseas travel given pending contempt proceedings?
Ratio Decidendi
Given credible evidence of business purpose, sufficient security provided by the applicant and his parents, and the grave consequences of non-return, bail conditions should be varied to allow travel, subject to strict terms protecting the respondent.
Court Disposition
Bail conditions to be varied permitting applicant's temporary overseas travel on terms to be settled; applicant to bear costs.
Orders
- Undertakings effecting the proposed orders to be prepared and handed to Court.
- Applicant to pay costs of the proceedings.
Full Case Text
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