PATTON v HARRISON [NO 2] [1989] NSWCA 162

PATTON v HARRISON [NO 2] [1989] NSWCA 162

The Court found it appropriate, having regard to the apologies and circumstances, to make orders dissolving interlocutory orders and discharging the warrant, but insisted on the payment of costs by the contemnor as recognition of the public and private expense incurred in upholding the Court's process.

Parties
Claimant: Patton; First Opponent: Australian Consolidated Press Limited; Second Opponent: Vivienne Roslyn Harrison
Jurisdiction
Australia
Judgment Date
18 October 1989
Procedural Posture
Contempt Proceedings / Orders Following Application to Purge Contempt
Outcome
Orders made by consent: interlocutory orders dissolved, warrant discharged, costs awarded, passport conditionally released, summons and motion dismissed.
Legal Topics
Purging Contempt, Costs, Court Process Enforcement
Contempt of Court Purging Contempt Costs Court Process Enforcement

Case Brief

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Parties

Patton

Claimant

Australian Consolidated Press Limited

First Opponent

Vivienne Roslyn Harrison

Second Opponent

Procedural Posture

Contempt Proceedings / Orders Following Application to Purge Contempt

Legal Issues

  1. 1 Whether Mrs Harrison's contempt is purged by apologies and proposed orders
  2. 2 Appropriateness of dissolving previous orders and discharging arrest warrant
  3. 3 Liability for costs arising from enforcement of court process

Ratio Decidendi

The Court found it appropriate, having regard to the apologies and circumstances, to make orders dissolving interlocutory orders and discharging the warrant, but insisted on the payment of costs by the contemnor as recognition of the public and private expense incurred in upholding the Court's process.

Court Disposition

Orders made by consent: interlocutory orders dissolved, warrant discharged, costs awarded, passport conditionally released, summons and motion dismissed.

Orders

  • Australian Consolidated Press Limited added as first opponent.
  • Second opponent to pay claimant's costs ($7,771) by 20 October 1989 to Landers, O'Reilly and Co.