Gregory, R.E. v. Philip Morris Ltd [1987] FCA 315

Gregory, R.E. v. Philip Morris Ltd [1987] FCA 315

The motion failed because the Court could not be satisfied beyond reasonable doubt that Mr. Karadeas made the alleged threat or approached Mr. Brown. Further, even if the words 'You'll get yours' had been said, there was at least a serious doubt that any threat was connected with Mr. Brown's status as a witness or made with an intention to dissuade him from giving evidence or truthful evidence; the conduct may instead have arisen from a belief that Mr. Brown had been staring at Mrs. Brush.

Jurisdiction
Australia
Judgment Date
15 June 1987
Procedural Posture
Motion to Punish for Contempt of Court Arising From an Industrial Proceeding / Reasons for Judgment on Contempt Motion; Costs to Be Heard Before Final Orders
Outcome
Motion to punish John Karadeas for contempt of Court dismissed; costs reserved for further hearing.
Legal Topics
['witness Intimidation' 'state of Mind of Alleged Contemnor' 'standard of Proof for Contempt' 'federal Court Contempt Procedure' 'costs in Contempt Proceedings']
['contempt of Court' 'industrial Law'] ['witness Intimidation' 'state of Mind of Alleged Contemnor' 'standard of Proof for Contempt' 'federal Court Contempt Procedure' 'costs in Contempt Proceedings']

Case Brief

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Procedural Posture

Motion to Punish for Contempt of Court Arising From an Industrial Proceeding / Reasons for Judgment on Contempt Motion; Costs to Be Heard Before Final Orders

Legal Issues

  1. 1 ['Whether John Karadeas threatened or approached Peter John Brown in the manner alleged while Brown was waiting to give evidence.' "Whether any alleged threat was connected with Brown's attendance as a witness and was calculated to interfere with the administration of justice." "Whether, in a witness intimidation contempt, the alleged contemnor's knowledge and intention must be proved beyond reasonable doubt." 'Whether s 197A of the Conciliation and Arbitration Act 1904 applied to costs of the contempt motion.']

Ratio Decidendi

The motion failed because the Court could not be satisfied beyond reasonable doubt that Mr. Karadeas made the alleged threat or approached Mr. Brown. Further, even if the words 'You'll get yours' had been said, there was at least a serious doubt that any threat was connected with Mr. Brown's status as a witness or made with an intention to dissuade him from giving evidence or truthful evidence; the conduct may instead have arisen from a belief that Mr. Brown had been staring at Mrs. Brush.

Court Disposition

Motion to punish John Karadeas for contempt of Court dismissed; costs reserved for further hearing.

Orders

  • ['The motion for contempt must be dismissed.' 'The parties are to be heard on the question of costs before final orders.']