Global Custodians Limited v Mesh [2001] NSWSC 447

Global Custodians Limited v Mesh [2001] NSWSC 447

The informations and summonses laid by the third defendant against witnesses and others in respect of matters arising in the part-heard Supreme Court proceedings were an abuse of process because they tended to threaten or deter parties and witnesses and to affect the Supreme Court's ability to decide the pending matter on unbiased evidence. Even if there were no abuse, the summonses would improperly require the Local Court to determine questions before the Supreme Court, justifying injunctive relief.

Jurisdiction
Australia
Judgment Date
01 June 2001
Procedural Posture
Equity Proceedings Involving a Trust Deed and Interlocutory Application Concerning Criminal Summonses / Application by the Plaintiffs for Orders Staying or Restraining Criminal Summonses Issued by the Third Defendant
Outcome
Application granted; the third defendant was restrained from taking action on specified informations and from laying further informations in specified circumstances without prior leave; costs reserved.
Legal Topics
['abuse of Process' 'supervision of Inferior Courts' 'injunction Restraining Proceedings' 'criminal Summonses Against Witnesses' 'perverting the Course of Justice']
['civil Procedure' 'criminal Procedure' 'contempt' 'equity and Trusts'] ['abuse of Process' 'supervision of Inferior Courts' 'injunction Restraining Proceedings' 'criminal Summonses Against Witnesses' 'perverting the Course of Justice']

Case Brief

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Procedural Posture

Equity Proceedings Involving a Trust Deed and Interlocutory Application Concerning Criminal Summonses / Application by the Plaintiffs for Orders Staying or Restraining Criminal Summonses Issued by the Third Defendant

Legal Issues

  1. 1 ['Whether the Supreme Court should stay or restrain criminal summonses laid by the third defendant in the Downing Centre Local Court against witnesses and others involved in proceedings pending in the Supreme Court.' 'Whether the informations and summonses constituted an abuse of process or improperly sought to have an inferior court determine issues before the Supreme Court.' 'Whether the third defendant should be restrained from laying further informations against parties, witnesses, or legal representatives involved in proceedings in this Court without prior leave.']

Ratio Decidendi

The informations and summonses laid by the third defendant against witnesses and others in respect of matters arising in the part-heard Supreme Court proceedings were an abuse of process because they tended to threaten or deter parties and witnesses and to affect the Supreme Court's ability to decide the pending matter on unbiased evidence. Even if there were no abuse, the summonses would improperly require the Local Court to determine questions before the Supreme Court, justifying injunctive relief.

Court Disposition

Application granted; the third defendant was restrained from taking action on specified informations and from laying further informations in specified circumstances without prior leave; costs reserved.

Orders

  • ["The third defendant by himself, his servants or agents is restrained from taking any action on any information laid by him against Archie Greenlees, Jack Speight, Dennis O'Bryen, Gary Weiss and Michael Wilkins, other than attending before the Downing Centre Local Court and having the same adjourned to a date later...