Global Custodians Ltd v Mesh [2000] NSWSC 845

Global Custodians Ltd v Mesh [2000] NSWSC 845

The sending of letters threatening potential plaintiffs with adverse consequences if they joined or continued in proceedings, where such threats are objectively calculated to deter participation, constitutes contempt of court. The test is objective; even absent subjective intent to undermine justice, the conduct had an inherent tendency to deter involvement in litigation and so satisfied the requisite mental element for contempt.

Parties
Plaintiff: Global Custodians Limited; First Defendant: Pamela Ann Mesh; Second Defendant: Helen Chuproff; Third Defendant: Hari Bhagat
Jurisdiction
Australia
Judgment Date
28 August 2000
Procedural Posture
Notice of Motion (contempt Proceedings) in Existing Equity Proceedings / Judgment on Notice of Motion Seeking Finding of Contempt and Consequential Orders
Outcome
Contempt by third defendant proved. Injunction granted. Costs ordered against third defendant.
Legal Topics
Contempt of Court, Threats to Parties or Witnesses, Procedural Safeguards in Litigation
Equity Civil Procedure Contempt of Court Threats to Parties or Witnesses Procedural Safeguards in Litigation

Case Brief

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Parties

Global Custodians Limited

Plaintiff

Pamela Ann Mesh

First Defendant

Helen Chuproff

Second Defendant

Hari Bhagat

Third Defendant

Procedural Posture

Notice of Motion (contempt Proceedings) in Existing Equity Proceedings / Judgment on Notice of Motion Seeking Finding of Contempt and Consequential Orders

Legal Issues

  1. 1 Whether the third defendant's letters to potential plaintiffs constituted contempt of court by deterring them from joining litigation
  2. 2 Whether the conduct was intentional and satisfied the mens rea required for contempt
  3. 3 Appropriate orders if contempt is found

Ratio Decidendi

The sending of letters threatening potential plaintiffs with adverse consequences if they joined or continued in proceedings, where such threats are objectively calculated to deter participation, constitutes contempt of court. The test is objective; even absent subjective intent to undermine justice, the conduct had an inherent tendency to deter involvement in litigation and so satisfied the requisite mental element for contempt.

Court Disposition

Contempt by third defendant proved. Injunction granted. Costs ordered against third defendant.

Orders

  • The third defendant, by sending specified letters, is guilty of contempt of Court.
  • Apart from transmission of formal court documents, the third defendant is restrained from communicating with any person on the opposite side or their representatives in any litigation in this court, without prior leave of the Court, until further order.