Marriner v Smorgon [1989] HCA 69

Marriner v Smorgon [1989] HCA 69

The warrant was irregular and should not have issued because its form was appropriate only to a charge of contempt in the face of the court; however, because it had been executed and was spent, the Full Court was right not to set it aside, and the grant of special leave to appeal was rescinded.

Jurisdiction
Australia
Procedural Posture
Appeal Concerning a Warrant Authorizing Arrest and Detention to Answer a Charge of Contempt / High Court of Australia; Grant of Special Leave to Appeal Rescinded
Outcome
Grant of special leave to appeal rescinded.
Legal Topics
['warrant for Arrest' 'inherent Power of the Supreme Court' 'preservation of Subject Matter of Litigation' 'spent Warrant']
['civil Procedure' 'contempt of Court'] ['warrant for Arrest' 'inherent Power of the Supreme Court' 'preservation of Subject Matter of Litigation' 'spent Warrant']

Case Brief

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Procedural Posture

Appeal Concerning a Warrant Authorizing Arrest and Detention to Answer a Charge of Contempt / High Court of Australia; Grant of Special Leave to Appeal Rescinded

Legal Issues

  1. 1 ["Whether the warrant was justified as an exercise of the Supreme Court's inherent power to preserve the subject matter of the litigation." 'Whether the form of the warrant was appropriate.' 'Whether a warrant that had already been executed and was spent should be set aside.']

Ratio Decidendi

The warrant was irregular and should not have issued because its form was appropriate only to a charge of contempt in the face of the court; however, because it had been executed and was spent, the Full Court was right not to set it aside, and the grant of special leave to appeal was rescinded.

Court Disposition

Grant of special leave to appeal rescinded.

Orders

  • ['Rescind the grant of special leave to appeal.']