LANGLEY v THE GOVERNOR OF NEW SOUTH WALES and ORS [1991] NSWCA 170

LANGLEY v THE GOVERNOR OF NEW SOUTH WALES and ORS [1991] NSWCA 170

The statement of charge of contempt was wholly without foundation; no material supported the claim that contempt had been committed. The Crown Solicitor had proper authority to act for the Governor. There was no basis for appointment of a guardian ad litem. The summons was dismissed with costs.

Parties
Claimant: Eleanor Ruth Langley; First Opponent: The Governor of New South Wales; Second Opponent: Peter John Webb; Third Opponent: John Lance Lynn
Jurisdiction
Australia
Judgment Date
29 July 1991
Procedural Posture
Summons / Application to Dismiss on Merits
Outcome
Summons dismissed with costs
Legal Topics
Contempt Charge Against Public Officials, Statutory Interpretation—government and Related Employees Appeal Tribunal Act 1980 S26, Statutory Powers of Crown Solicitor—legal Profession Act 1987 S19
Contempt of Court Administrative Law Contempt Charge Against Public Officials Statutory Interpretation—government and Related Employees Appeal Tribunal Act 1980 S26 Statutory Powers of Crown Solicitor—legal Profession Act 1987 S19

Case Brief

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Parties

Eleanor Ruth Langley

Claimant

The Governor of New South Wales

First Opponent

Peter John Webb

Second Opponent

John Lance Lynn

Third Opponent

Procedural Posture

Summons / Application to Dismiss on Merits

Legal Issues

  1. 1 Whether the conduct of the Governor and Acting Head of Department constituted contempt of court
  2. 2 Whether s26 of the Government and Related Employees Appeal Tribunal Act 1980 was contravened
  3. 3 Whether the Crown Solicitor could act for the Governor under s19(2) of the Legal Profession Act 1987

Ratio Decidendi

The statement of charge of contempt was wholly without foundation; no material supported the claim that contempt had been committed. The Crown Solicitor had proper authority to act for the Governor. There was no basis for appointment of a guardian ad litem. The summons was dismissed with costs.

Court Disposition

Summons dismissed with costs

Orders

  • Summons dismissed with costs