Hearne v Street [2008] HCA 36

Hearne v Street [2008] HCA 36

Servants or agents of a party who know documents were prepared for legal proceedings are bound by the implied undertaking not to use those documents for purposes outside the litigation; breach constitutes civil contempt and an appeal lies against an acquittal in civil contempt under s 101(6) Supreme Court Act 1970 (NSW); appeal dismissed.

Parties
Appellant: Peter Hearne; Appellant: David Tierney; Respondent: Joan Street; Respondent: Other Respondents (residents)
Jurisdiction
Australia
Judgment Date
06 August 2008
Procedural Posture
Appeal / High Court Appeal From Supreme Court of NSW
Outcome
Appeal dismissed with costs
Legal Topics
Implied Undertaking Regarding Documents, Distinction Between Civil and Criminal Contempt, Disclosure and Use of Documents in Litigation
Contempt of Court Civil Procedure Evidence Implied Undertaking Regarding Documents Distinction Between Civil and Criminal Contempt Disclosure and Use of Documents in Litigation

Case Brief

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Parties

Peter Hearne

Appellant

David Tierney

Appellant

Joan Street

Respondent

Other Respondents (residents)

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of NSW

Legal Issues

  1. 1 Whether servants or agents of a party are bound by the implied undertaking not to use documents for collateral purposes
  2. 2 Whether wilful but not contumacious breach of the implied undertaking constitutes civil or criminal contempt under s 101(6) of Supreme Court Act 1970 (NSW)
  3. 3 Whether appeal to Court of Appeal lies from order acquitting alleged contemnors

Ratio Decidendi

Servants or agents of a party who know documents were prepared for legal proceedings are bound by the implied undertaking not to use those documents for purposes outside the litigation; breach constitutes civil contempt and an appeal lies against an acquittal in civil contempt under s 101(6) Supreme Court Act 1970 (NSW); appeal dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs