MARKISIC v COMMONWEALTH OF AUSTRALIA & ANOR [2007] NSWCA 92

MARKISIC v COMMONWEALTH OF AUSTRALIA & ANOR [2007] NSWCA 92

The appellant failed to establish beyond reasonable doubt that the Commissioner had documents within the scope of the subpoena at the relevant times and willfully failed to produce them; allegations of bias were wholly unsubstantiated; appeal dismissed.

Jurisdiction
Australia
Judgment Date
23 April 2007
Procedural Posture
Appeal / Judgment on Appeal From Dismissal of Contempt Application
Outcome
Appeal dismissed
Legal Topics
['civil and Criminal Contempt' 'subpoena Compliance' 'bias of Judges' 'distinction Between Civil and Criminal Contempt']
['contempt of Court' 'civil Procedure'] ['civil and Criminal Contempt' 'subpoena Compliance' 'bias of Judges' 'distinction Between Civil and Criminal Contempt']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Dismissal of Contempt Application

Legal Issues

  1. 1 ['Whether an appeal lies from the dismissal of a contempt application' 'Whether the charge was of civil or criminal contempt' 'Whether the standard of proof for contempt was met' 'Whether there was actual bias by the trial judge']

Ratio Decidendi

The appellant failed to establish beyond reasonable doubt that the Commissioner had documents within the scope of the subpoena at the relevant times and willfully failed to produce them; allegations of bias were wholly unsubstantiated; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed' 'Appellant to pay costs of Respondents']