Television Broadcasts Ltd & Ors v Cheung, Choi Wan t/as ABM Video & Anor [1998] FCA 1318

Television Broadcasts Ltd & Ors v Cheung, Choi Wan t/as ABM Video & Anor [1998] FCA 1318

The notice to produce should be set aside as its sole purpose was to compel production of documents for use in seeking a penalty for contempt, and privilege against self-incrimination applies when there is no other object than punishment. It was not appropriate to compel production pending determination of evidence in the affidavit and privilege claims.

Parties
First Applicant: Television Broadcasts Limited; Second Applicant: TVB International; Third Applicant: TVB (Overseas) Limited; Fourth Applicant: Tinos Pty Limited; First Respondent: Choi Wan Cheung t/a ABM Video; Second Respondent: Grace Sau Ha Chan t/a Wah Video and Trading Co
Jurisdiction
Australia
Judgment Date
09 October 1998
Procedural Posture
Motion for Contempt of Court / Interlocutory Motion Regarding Notice to Produce
Outcome
Notice to produce set aside; related motions dismissed; orders regarding costs issued
Legal Topics
Notice to Produce, Privilege Against Self Incrimination, Testing Credit of Affidavit Evidence
Practice and Procedure Contempt of Court Notice to Produce Privilege Against Self Incrimination Testing Credit of Affidavit Evidence

Case Brief

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Parties

Television Broadcasts Limited

First Applicant

TVB International

Second Applicant

TVB (Overseas) Limited

Third Applicant

Tinos Pty Limited

Fourth Applicant

Choi Wan Cheung t/a ABM Video

First Respondent

Grace Sau Ha Chan t/a Wah Video and Trading Co

Second Respondent

Procedural Posture

Motion for Contempt of Court / Interlocutory Motion Regarding Notice to Produce

Legal Issues

  1. 1 Whether the notice to produce documents served by applicants on first respondent should be set aside.
  2. 2 Whether privilege against self-incrimination excuses production of documents in contempt proceedings.
  3. 3 Whether notice to produce may be used to aid the moving party to challenge credit of alleged contemnor in respect of her affidavit.

Ratio Decidendi

The notice to produce should be set aside as its sole purpose was to compel production of documents for use in seeking a penalty for contempt, and privilege against self-incrimination applies when there is no other object than punishment. It was not appropriate to compel production pending determination of evidence in the affidavit and privilege claims.

Court Disposition

Notice to produce set aside; related motions dismissed; orders regarding costs issued

Orders

  • The notice to produce issued by the applicants to the first respondent dated 2 September 1998 be set aside.
  • The motion brought by notice of motion filed 1 October 1998 by the first respondent be dismissed with no order as to the costs of that motion.