Tate v Duncan-Strelec [2014] NSWSC 1135

Tate v Duncan-Strelec [2014] NSWSC 1135

Because punishment for serious contempts remained to be considered, the Website was no longer accessible, the contemnor had made health-related claims and consented to reports, and the Court had concerns about her circumstances and Mr Wilson's communications while judgment was reserved, it was appropriate to obtain medical reports before further considering punishment and to require Mr Wilson to attend Court.

Jurisdiction
Australia
Judgment Date
20 August 2014
Procedural Posture
Contempt of Court / After Findings of Guilt on Five Contempt Charges; Procedural Orders Before Consideration of Punishment
Outcome
Orders made for the filing of medical reports with the Court; matter adjourned for further hearing and for consideration of any punishment to be imposed; James Wilson ordered to attend Court.
Legal Topics
['punishment for Contempt of Court' 'publication Constituting Contempt' 'medical Evidence Before Sentencing or Punishment' 'communication With the Court While Judgment Reserved']
['contempt' 'civil Procedure'] ['punishment for Contempt of Court' 'publication Constituting Contempt' 'medical Evidence Before Sentencing or Punishment' 'communication With the Court While Judgment Reserved']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Contempt of Court / After Findings of Guilt on Five Contempt Charges; Procedural Orders Before Consideration of Punishment

Legal Issues

  1. 1 ['Whether further consideration of punishment for the contemnor should proceed without medical evidence about her present health conditions.' "Whether orders should be made requiring the contemnor's treating psychiatrist and general practitioner to provide reports to the Court." 'Whether James Wilson should be required to attend Court to address why his communication to Chambers while judgment was reserved should not be referred to relevant authorities.']

Ratio Decidendi

Because punishment for serious contempts remained to be considered, the Website was no longer accessible, the contemnor had made health-related claims and consented to reports, and the Court had concerns about her circumstances and Mr Wilson's communications while judgment was reserved, it was appropriate to obtain medical reports before further considering punishment and to require Mr Wilson to attend Court.

Court Disposition

Orders made for the filing of medical reports with the Court; matter adjourned for further hearing and for consideration of any punishment to be imposed; James Wilson ordered to attend Court.

Orders

  • ['I order that Dr Paresh Ramjee of Karinya Clinic Albury file a report in respect of the present medical condition of Amanda Duncan-Strelec by delivery to my associate, Ms Kim Pitt, GPO Box 3, Sydney NSW 2001 by no later than 19 September 2014.' 'I order that Dr Sang Kim of Lavington Clinic, 348 Griffith Road,...