TCN CHANNEL NINE PTY LTD v MILLER [1988] NSWCA 155

TCN CHANNEL NINE PTY LTD v MILLER [1988] NSWCA 155

Given allegations of ongoing interference with witnesses and ineffectiveness of previous injunctions, contempt proceedings should be dealt with before the substantive action; remittal to the Common Law Division is appropriate for determination.

Parties
Claimant: TCN Channel Nine Pty Ltd; Opponent: Miller
Jurisdiction
Australia
Judgment Date
07 November 1988
Procedural Posture
Contempt Proceedings Related to Defamation Action / Remittal; Interlocutory Orders Regarding Sequence of Hearings
Outcome
Contempt proceedings remitted to the Common Law Division and to be heard before the defamation action; costs to be costs in the motions.
Legal Topics
Interference With Witnesses, Injunctions, Remittal of Proceedings, Order of Hearing, Criminal Nature of Contempt Proceedings
Civil Procedure Defamation Contempt of Court Interference With Witnesses Injunctions Remittal of Proceedings Order of Hearing Criminal Nature of Contempt Proceedings

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Parties

TCN Channel Nine Pty Ltd

Claimant

Miller

Opponent

Procedural Posture

Contempt Proceedings Related to Defamation Action / Remittal; Interlocutory Orders Regarding Sequence of Hearings

Legal Issues

  1. 1 Should contempt proceedings be heard before the substantive defamation action?
  2. 2 Is remittal to the Common Law Division appropriate for contempt proceedings?

Ratio Decidendi

Given allegations of ongoing interference with witnesses and ineffectiveness of previous injunctions, contempt proceedings should be dealt with before the substantive action; remittal to the Common Law Division is appropriate for determination.

Court Disposition

Contempt proceedings remitted to the Common Law Division and to be heard before the defamation action; costs to be costs in the motions.

Orders

  • Contempt proceedings the subject of both notices of motion remitted to Common Law Division to be determined fully in that Division.
  • Contempt proceedings to be heard before defamation action is heard.