COLLIER and ANOR v BURN and ORS [1994] NSWCA 53

COLLIER and ANOR v BURN and ORS [1994] NSWCA 53

There was no evidence that the affidavits read by Mr Burn were false or otherwise objectionable, nor any evidence that Mr Burn knowingly participated in, or was involved in, any breach of a court undertaking. The case against him disclosed no cause of action in contempt.

Parties
Claimant: Robert Collier; Claimant: Marion Collier; Respondent: Paul Sheridan Sengos; Respondent: Domenico Mosca; Respondent: John Burn
Jurisdiction
Australia
Judgment Date
04 July 1994
Procedural Posture
Summons for Contempt of Court / Motion to Strike Out Summons Against Mr John Burn
Outcome
Summons against Mr Burn dismissed; costs awarded to Mr Burn.
Legal Topics
Motion to Strike Out, False Affidavit, Breach of Undertaking, Barrister's Duties, Due Administration of Justice
Contempt of Court Legal Profession Motion to Strike Out False Affidavit Breach of Undertaking Barrister's Duties Due Administration of Justice

Case Brief

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Parties

Robert Collier

Claimant

Marion Collier

Claimant

Paul Sheridan Sengos

Respondent

Domenico Mosca

Respondent

John Burn

Respondent

Procedural Posture

Summons for Contempt of Court / Motion to Strike Out Summons Against Mr John Burn

Legal Issues

  1. 1 Whether Mr John Burn, barrister, committed contempt of court by reading allegedly false or objectionable affidavits in breach of a client's undertaking to the Court.

Ratio Decidendi

There was no evidence that the affidavits read by Mr Burn were false or otherwise objectionable, nor any evidence that Mr Burn knowingly participated in, or was involved in, any breach of a court undertaking. The case against him disclosed no cause of action in contempt.

Court Disposition

Summons against Mr Burn dismissed; costs awarded to Mr Burn.

Orders

  • The name of Mr John Burn is removed from the summons brought by Mr and Mrs Collier against Mr Paul Sheridan Sengos and Mr Domenico Mosca.
  • The three charges brought by Mr and Mrs Collier against Mr Burn are struck out of the summons.