BORDER MORNING MAIL v HANSEN [1989] NSWCA 23

BORDER MORNING MAIL v HANSEN [1989] NSWCA 23

The court has a judicial discretion to order costs against a claimant discontinuing contempt proceedings, even if commenced bona fide and in the public interest; no authority exempts such claimants from liability. In this instance, the claimant's motives included self-interest and the withdrawal was not purely for reasons beyond their control. Accordingly, the claimant should pay the opponent's costs.

Parties
Claimant: Border Morning Mail Pty Ltd; Opponent: Ross Anthony Hansen
Jurisdiction
Australia
Judgment Date
20 March 1989
Procedural Posture
Appeal / Orders on Discontinuance and Costs
Outcome
Leave granted to discontinue contempt proceedings; claimant to pay opponent's costs.
Legal Topics
Discontinuance of Proceedings, Costs in Contempt Proceedings, Exercise of Judicial Discretion
Civil Procedure Contempt of Court Discontinuance of Proceedings Costs in Contempt Proceedings Exercise of Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Border Morning Mail Pty Ltd

Claimant

Ross Anthony Hansen

Opponent

Procedural Posture

Appeal / Orders on Discontinuance and Costs

Legal Issues

  1. 1 Whether a claimant discontinuing contempt proceedings on grounds of witness incapacity should be ordered to pay the opponent's costs
  2. 2 Whether bona fide pursuit of contempt proceedings in public interest shields claimant from costs

Ratio Decidendi

The court has a judicial discretion to order costs against a claimant discontinuing contempt proceedings, even if commenced bona fide and in the public interest; no authority exempts such claimants from liability. In this instance, the claimant's motives included self-interest and the withdrawal was not purely for reasons beyond their control. Accordingly, the claimant should pay the opponent's costs.

Court Disposition

Leave granted to discontinue contempt proceedings; claimant to pay opponent's costs.

Orders

  • Leave granted to the claimant to discontinue proceedings on terms that no further proceedings be taken.
  • Claimant to pay the opponent's costs including any reserved costs and the costs of this appeal.