R v Associated Northern Collieries [1910] HCA 61

R v Associated Northern Collieries [1910] HCA 61

In civil actions for the recovery of penalties, even if styled as civil proceedings, the entire objective being penal in nature, discovery of documents will not be ordered as it would tend to self-incrimination or penalise the defendant, irrespective of whether the Crown or a common informer is the plaintiff. However, the Crown must provide particulars in the same manner as any other litigant, sufficient to fairly apprise the defendants of the nature of the case.

Parties
Plaintiff: The King; Plaintiff: The Attorney-General of the Commonwealth; Defendants: The Associated Northern Collieries and Others; Defendant: J. & A. & John Brown; Defendant: Certain Shipping Companies
Jurisdiction
Australia
Judgment Date
07 November 1910
Procedural Posture
Civil Action for Penalties and Injunction / Interlocutory Applications for Further Particulars and Discovery of Documents
Outcome
Defendants' application for further particulars partly allowed; plaintiff's application for discovery of documents refused; summons otherwise adjourned.
Legal Topics
Particulars, Discovery, Civil Penalty Proceedings, Orders Against the Crown
Practice and Procedure Particulars Discovery Civil Penalty Proceedings Orders Against the Crown

Case Brief

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Parties

The King

Plaintiff

The Attorney-General of the Commonwealth

Plaintiff

The Associated Northern Collieries and Others

Defendants

J. & A. & John Brown

Defendant

Certain Shipping Companies

Defendant

Procedural Posture

Civil Action for Penalties and Injunction / Interlocutory Applications for Further Particulars and Discovery of Documents

Legal Issues

  1. 1 1. Is the Crown required to give particulars in a civil penalty action?
  2. 2 2. Is the Crown entitled to an order for discovery of documents in a civil action for penalties?

Ratio Decidendi

In civil actions for the recovery of penalties, even if styled as civil proceedings, the entire objective being penal in nature, discovery of documents will not be ordered as it would tend to self-incrimination or penalise the defendant, irrespective of whether the Crown or a common informer is the plaintiff. However, the Crown must provide particulars in the same manner as any other litigant, sufficient to fairly apprise the defendants of the nature of the case.

Court Disposition

Defendants' application for further particulars partly allowed; plaintiff's application for discovery of documents refused; summons otherwise adjourned.

Orders

  • Further particulars directed to be supplied by the Crown to defendants as specified.
  • Application for discovery of documents by the plaintiff refused.