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The Queen, on the application of Davey, John Patrick v Silverstein, Ronald David; Dessman, Peter Patrick & Dessco P/L (ACN 072 755 590) [2020] VSCA 233

CONTEMPT OF COURT, PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
Kyrou, Kaye and McLeish JJA
Parties: 

The Queen, on the application of Davey, John Patrick v Silverstein, Ronald David; Dessman, Peter Patrick & Dessco P/L (ACN 072 755 590)

Judgment Date: 
10 September 2020
Catchwords: 

CONTEMPT OF COURT - Application for leave to appeal from decision of trial judge dismissing application for findings of contempt against respondents - Magistrates' Court proceeding issued by applicant - Affidavits filed in Magistrates' Court proceedings sent by first respondent to applicant's trustee in bankruptcy - Whether contempt of court - Whether Harman undertaking applied - Whether Civil Procedure Act 2010 ss 26 and 27 applied - Whether conduct interfered with administration of justice - Documents outside scope of undertaking - No contempt of court - Leave to appeal refused - Harman v Secretary of State for the Home Department [1983] 1 AC 280, Hearne v Street (2008) 235 CLR 125, Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10, Mobil Oil Australia Ltd v Guina Developments Pty Ltd [1996] 2 VR 34, Central Queensland Cement Pty Ltd v Hardy [1989] 2 Qd R 509, Springfield Nominees Pty Ltd v Bridgelands Securities Pty Ltd (1992) 38 FCR 217, Medway v Doublock Limited [1978] 1 WLR 710, Re Addstone Pty Ltd (in liq); Ex parte Macks (1998) 30 ACSR 156 considered; Sinnott v Chief of Defence Force [2020] FCA 643 distinguished; Civil Procedure Act 2010 ss 16, 17, 18, 23, 25, 26, 27, 29.

PRACTICE AND PROCEDURE - Legal representative also material witness in proceeding - Whether miscarriage of trial - Barrak Corporation Pty Ltd v The Kara Group of Companies Pty Ltd [2014] NSWCA 395; Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 27.02.

PRACTICE AND PROCEDURE - Applicant refused leave to make compensation application under s 29 Civil Procedure Act 2010 - Undefined application foreshadowed after judgment delivered and costs determined - No denial of procedural fairness in the circumstances - Civil Procedure Act 2010 s 29.

Citation: