HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v RADIO2UE SYDNEY PTY LTD [1993] NSWCA 134

HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v RADIO2UE SYDNEY PTY LTD [1993] NSWCA 134

Although the defendants were ultimately not found guilty of contempt, the conduct of Mr Jones was such that he unreasonably induced the institution of the proceedings against him; his conduct was dangerous and likely to provoke action, and the proceedings would not have been brought but for his actions. Therefore, each party should bear its own costs.

Parties
Claimant: HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES; Defendant: Radio 2UE Sydney Pty Ltd; Defendant: Alan Jones
Jurisdiction
Australia
Judgment Date
05 March 1993
Procedural Posture
Contempt Proceedings / Costs Determination Following Dismissal of Contempt Charge
Outcome
Each party to bear its own costs
Legal Topics
Costs Discretion, Contempt of Court—proceedings, Costs in Criminal and Civil Proceedings
Costs Contempt Costs Discretion Contempt of Court—proceedings Costs in Criminal and Civil Proceedings

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Parties

HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES

Claimant

Radio 2UE Sydney Pty Ltd

Defendant

Alan Jones

Defendant

Procedural Posture

Contempt Proceedings / Costs Determination Following Dismissal of Contempt Charge

Legal Issues

  1. 1 Whether an order for costs should be made in favour of the defendants after the dismissal of a contempt of court proceeding

Ratio Decidendi

Although the defendants were ultimately not found guilty of contempt, the conduct of Mr Jones was such that he unreasonably induced the institution of the proceedings against him; his conduct was dangerous and likely to provoke action, and the proceedings would not have been brought but for his actions. Therefore, each party should bear its own costs.

Court Disposition

Each party to bear its own costs

Orders

  • Each party to bear his or its own costs of the proceeding