Lucy Frick v Nationwide News Pty Ltd and Anor [2001] NSWSC 320

Lucy Frick v Nationwide News Pty Ltd and Anor [2001] NSWSC 320

Even assuming the Commission's non-publication order was valid and that publication of the plaintiff's photograph and video depiction was technically contrary to its terms, the publications did not suggest that the plaintiff was a witness before the Commission or the witness referred to in the news report, and could not amount to contempt, disobedience of orders, abuse of the Commission's processes, or abuse of the administration of justice giving the plaintiff a right of action. The Commission is not a court for SCR Pt 55 r 11, the alleged disobedience was indistinguishable from the failed contempt claim, and the pleaded abuse of process and abuse of administration of justice claims...

Jurisdiction
Australia
Judgment Date
11 September 2001
Procedural Posture
Common Law Proceedings Claiming Damages and Other Remedies for Alleged Civil Contempt, Disobedience of Orders of the Police Integrity Commission, Abuse of the Processes of the Commission, and Abuse of the Administration of Justice / Defendants' Notice of Motion Seeking Orders Under SCR Pt 13 R 5 And/or Pt 15 R 26 Staying, Striking Out or Dismissing All or Part of the Statement of Claim, and Alternatively Under SCR Pt 40 R 8(1)
Outcome
Statement of claim dismissed; plaintiff ordered to pay the defendants' costs of the statement of claim and the notice of motion.
Legal Topics
['strike Out and Dismissal' 'police Integrity Commission Non Publication Order' 'civil Contempt' 'abuse of Process' 'whether the Police Integrity Commission Is a Court']
['common Law' 'civil Procedure' 'contempt' 'administrative Law'] ['strike Out and Dismissal' 'police Integrity Commission Non Publication Order' 'civil Contempt' 'abuse of Process' 'whether the Police Integrity Commission Is a Court']

Case Brief

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Procedural Posture

Common Law Proceedings Claiming Damages and Other Remedies for Alleged Civil Contempt, Disobedience of Orders of the Police Integrity Commission, Abuse of the Processes of the Commission, and Abuse of the Administration of Justice / Defendants' Notice of Motion Seeking Orders Under SCR Pt 13 R 5 And/or Pt 15 R 26 Staying, Striking Out or Dismissing All or Part of the Statement of Claim, and Alternatively Under SCR Pt 40 R 8(1)

Legal Issues

  1. 1 ['Whether the Police Integrity Commission had power, jurisdiction and authority to make the non-publication order or whether the order was ultra vires and a nullity' 'Whether, assuming the non-publication order was valid and technically breached, the publications could amount to contempt of the Commission, disobedience of its orders, abuse of its processes, or abuse of the administration of justice giving the plaintiff a right of action' 'Whether the Police Integrity Commission is a court for the purposes of SCR Pt 55 r 11' 'Whether the pleaded claims disclosed a reasonable cause of action or should be struck out or dismissed']

Ratio Decidendi

Even assuming the Commission's non-publication order was valid and that publication of the plaintiff's photograph and video depiction was technically contrary to its terms, the publications did not suggest that the plaintiff was a witness before the Commission or the witness referred to in the news report, and could not amount to contempt, disobedience of orders, abuse of the Commission's processes, or abuse of the administration of justice giving the plaintiff a right of action. The Commission is not a court for SCR Pt 55 r 11, the alleged disobedience was indistinguishable from the failed contempt claim, and the pleaded abuse of process and abuse of administration of justice claims...

Court Disposition

Statement of claim dismissed; plaintiff ordered to pay the defendants' costs of the statement of claim and the notice of motion.

Orders

  • ['The statement of claim is dismissed.' "The plaintiff is to pay the defendants' costs of the statement of claim and the notice of motion."]