Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2009] NSWSC 767

Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2009] NSWSC 767

No further punitive order was warranted because the primary coercive purpose of the civil contempt proceedings had been secured by the apology and undertaking, the substantive proceedings had ended and all outstanding issues had been resolved, the plaintiffs no longer pressed for a penalty, the contemnors were not unreasonable in failing to realise at the time that their conduct was contemptuous, and the existing costs orders sufficiently sanctioned the contempt.

Jurisdiction
Australia
Judgment Date
11 June 2009
Procedural Posture
Civil Contempt Proceedings / Penalty After Contempt Found by the Court of Appeal and Appeal Dismissed by the High Court of Australia
Outcome
No penalty imposed beyond costs orders in the contempt proceedings.
Legal Topics
['penalty for Civil Contempt' 'implied Undertaking as to Use of Documents Produced in Proceedings' 'apology and Undertaking to the Court' 'costs of Contempt Proceedings']
['procedure' 'contempt' 'civil Procedure'] ['penalty for Civil Contempt' 'implied Undertaking as to Use of Documents Produced in Proceedings' 'apology and Undertaking to the Court' 'costs of Contempt Proceedings']

Case Brief

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Procedural Posture

Civil Contempt Proceedings / Penalty After Contempt Found by the Court of Appeal and Appeal Dismissed by the High Court of Australia

Legal Issues

  1. 1 ['Whether any further penalty should be imposed for the contempts after the contemnors tendered an apology and undertaking to the Court.' 'Whether a costs order was a sufficient sanction where the substantive proceedings and costs issues had been resolved and the plaintiffs no longer pressed for a penalty.' 'What factors were relevant to fixing punishment for civil contempt in the circumstances.']

Ratio Decidendi

No further punitive order was warranted because the primary coercive purpose of the civil contempt proceedings had been secured by the apology and undertaking, the substantive proceedings had ended and all outstanding issues had been resolved, the plaintiffs no longer pressed for a penalty, the contemnors were not unreasonable in failing to realise at the time that their conduct was contemptuous, and the existing costs orders sufficiently sanctioned the contempt.

Court Disposition

No penalty imposed beyond costs orders in the contempt proceedings.

Orders

  • ['The contemnors are to pay the costs of the contempt proceedings at first instance before Gzell J.' 'No further order is made in the contempt proceedings.']