HARKIANAKIS v SKALKOS and ORS (No 2) [1997] NSWCA 137

HARKIANAKIS v SKALKOS and ORS (No 2) [1997] NSWCA 137

A penalty is warranted for contempt of court when a publication has the tendency to deter a litigant from prosecuting proceedings, even absent intent to interfere with justice or evidence of actual deterrence. Costs are not awarded when claimant's success is only partial and both sides succeeded on some issues.

Parties
Claimant: Harkianakis; First Opponent: Skalkos; Third Opponent: Greek Herald
Jurisdiction
Australia
Judgment Date
15 October 1997
Procedural Posture
Contempt Proceedings / Penalty and Costs Determination
Outcome
First opponent fined, third opponent fined, no order as to costs
Legal Topics
Publication Concerning Pending Proceedings, Penalty for Contempt, Objective Seriousness of Contempt, Effect of Apology, Costs Order in Part Success
Contempt of Court Defamation Publication Concerning Pending Proceedings Penalty for Contempt Objective Seriousness of Contempt Effect of Apology Costs Order in Part Success

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Harkianakis

Claimant

Skalkos

First Opponent

Greek Herald

Third Opponent

Procedural Posture

Contempt Proceedings / Penalty and Costs Determination

Legal Issues

  1. 1 What is the appropriate penalty for contempt of court via publication related to pending defamation proceedings?
  2. 2 What is the relevance of absence of intent and apology in determining penalty?
  3. 3 Should costs be awarded where the claimant is only partly successful?

Ratio Decidendi

A penalty is warranted for contempt of court when a publication has the tendency to deter a litigant from prosecuting proceedings, even absent intent to interfere with justice or evidence of actual deterrence. Costs are not awarded when claimant's success is only partial and both sides succeeded on some issues.

Court Disposition

First opponent fined, third opponent fined, no order as to costs

Orders

  • First opponent fined $2,000
  • Third opponent fined $10,000