COOK and ORS v PHILLIPS and ORS [1995] NSWCA 94

COOK and ORS v PHILLIPS and ORS [1995] NSWCA 94

Mr Phillips' conduct was proved beyond reasonable doubt to be contempt of court by threatening and striking a witness in the court precincts with the intention to dissuade the witness from giving evidence, thereby interfering with the administration of justice.

Parties
Claimant: Phillip Geoffrey Cook; Opponent/contemnor: Ian Gregory Phillips
Jurisdiction
Australia
Judgment Date
29 September 1995
Procedural Posture
Contempt of Court Proceedings / Judgment After Hearing
Outcome
Contempt proved; declaration made; costs ordered against contemnor
Legal Topics
Threats to Witnesses, Interference With Justice, Assault in Courtroom, Costs Indemnity
Contempt of Court Civil Procedure Threats to Witnesses Interference With Justice Assault in Courtroom Costs Indemnity

Case Brief

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Parties

Phillip Geoffrey Cook

Claimant

Ian Gregory Phillips

Opponent/contemnor

Procedural Posture

Contempt of Court Proceedings / Judgment After Hearing

Legal Issues

  1. 1 Whether Mr Phillips' words and actions constituted contempt of court by threatening a witness in waiting during civil proceedings
  2. 2 Whether the conduct interfered with the due process of justice

Ratio Decidendi

Mr Phillips' conduct was proved beyond reasonable doubt to be contempt of court by threatening and striking a witness in the court precincts with the intention to dissuade the witness from giving evidence, thereby interfering with the administration of justice.

Court Disposition

Contempt proved; declaration made; costs ordered against contemnor

Orders

  • Ian Gregory Phillips is declared guilty of contempt of court in that on 19 April 1995 in Court 8A in the Supreme Court of New South Wales he said and did the matters referred to in the Statement of Charge.
  • Ian Gregory Phillips is directed to pay Phillip Geoffrey Cook $7,000 on account of costs incurred in the proceeding, such payment to be made on or before 13 October 1995.