DITFORT v CALCRAFT [1989] NSWCA 64

DITFORT v CALCRAFT [1989] NSWCA 64

Mr Calcraft, as the officer handling the subpoena, did not take sufficient steps to ensure a proper, honest, and accurate answer to the subpoena was provided to the court. Documents falling within the subpoena were on file, or should reasonably have been located, and the instruction given ('no documents caught by subpoena found') constituted seriously careless disregard of the duty owed to the court. The conduct amounted to contempt—it was not mere unintentional or accidental disobedience, but not deliberate or contumelious wilful defiance.

Parties
Claimant: Grant Ditfort; Opponent: Ben Calcraft
Jurisdiction
Australia
Judgment Date
22 December 1989
Procedural Posture
Contempt Proceedings / Judgment on the Question of Contempt; Penalty Submissions Stood Over
Outcome
Charge of contempt proved against Mr Calcraft; proceedings stood over for submissions on penalty.
Legal Topics
Subpoena Compliance, Public Service Obligations, Production of Documents, Extradition, Duties of Government Departments
Contempt of Court Criminal Procedure Subpoena Compliance Public Service Obligations Production of Documents Extradition Duties of Government Departments

Case Brief

Summary, issues, holding and outcome

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Parties

Grant Ditfort

Claimant

Ben Calcraft

Opponent

Procedural Posture

Contempt Proceedings / Judgment on the Question of Contempt; Penalty Submissions Stood Over

Legal Issues

  1. 1 Whether Mr Calcraft, as an officer of the Department of Foreign Affairs and Trade, committed contempt of court by providing instructions leading to an inadequate and inaccurate answer to a subpoena for documents.
  2. 2 Whether the failure to produce documents was wilful or merely unintentional disobedience insufficient to justify a finding of contempt.

Ratio Decidendi

Mr Calcraft, as the officer handling the subpoena, did not take sufficient steps to ensure a proper, honest, and accurate answer to the subpoena was provided to the court. Documents falling within the subpoena were on file, or should reasonably have been located, and the instruction given ('no documents caught by subpoena found') constituted seriously careless disregard of the duty owed to the court. The conduct amounted to contempt—it was not mere unintentional or accidental disobedience, but not deliberate or contumelious wilful defiance.

Court Disposition

Charge of contempt proved against Mr Calcraft; proceedings stood over for submissions on penalty.

Orders

  • The proceedings stand over to be listed on or before Wednesday 30 January 1990 for consideration of submissions on penalty.
  • (Indicative) The Court proposes that Mr Calcraft be admonished and ordered to pay the claimant's costs, subject to further submissions.