PATTON v AUSTRALIAN CONSOLIDATED PRESS LTD (NO 1) [1989] NSWCA 161

PATTON v AUSTRALIAN CONSOLIDATED PRESS LTD (NO 1) [1989] NSWCA 161

Orders should be made to require personal service of the contempt summons, restrain the witness from leaving the jurisdiction, and require surrender of her passport, to safeguard the court’s process in the face of clear evidence of intended defiance of a subpoena.

Parties
Claimant: Sandra Anne Patton; Defendant: Australian Consolidated Press Ltd; Witness: Vivien Rosalind Harrison
Jurisdiction
Australia
Judgment Date
06 October 1989
Procedural Posture
Contempt Application in Context of Defamation Proceedings / Interlocutory/provisional Orders on Contempt Summons
Outcome
Ancillary/interim orders made pending return date of contempt summons.
Legal Topics
Failure to Comply With Subpoena, Witness Attendance, Defamation Proceedings, Ancillary Relief to Protect Court Process
Contempt of Court Civil Procedure Failure to Comply With Subpoena Witness Attendance Defamation Proceedings Ancillary Relief to Protect Court Process

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Parties

Sandra Anne Patton

Claimant

Australian Consolidated Press Ltd

Defendant

Vivien Rosalind Harrison

Witness

Procedural Posture

Contempt Application in Context of Defamation Proceedings / Interlocutory/provisional Orders on Contempt Summons

Legal Issues

  1. 1 Whether orders should be made to restrain a subpoenaed witness from leaving jurisdiction and require surrender of passport due to announced refusal to attend court in pending defamation proceedings

Ratio Decidendi

Orders should be made to require personal service of the contempt summons, restrain the witness from leaving the jurisdiction, and require surrender of her passport, to safeguard the court’s process in the face of clear evidence of intended defiance of a subpoena.

Court Disposition

Ancillary/interim orders made pending return date of contempt summons.

Orders

  • Summons for contempt to be returned before the Court on 9 October 1989 at 9.45 am.
  • Rules as to service of summons abridged; leave granted for service before 12.30 pm, 8 October 1989.