NEW SOUTH WALES COURT OF APPEAL
CITATION: BHAGAT v GLOBAL CUSTODIANS LIMITED [2002] NSWCA 160
FILE NUMBER(S):
40769/00
40770/00
HEARING DATE(S): 7 May 2002
JUDGMENT DATE: 29/05/2002
PARTIES:
Hari Bhagat (Appellant)
Global Custodians Limited (First Respondent)
John Healey Speight (Second Respondent)
Jessee Barrie Marr Speight (Third Respondent)
Archie Greenlees (Fourth Respondent)
Norma Patricia Greenlees (Fifth Respondent)
JUDGMENT OF: Spigelman CJ Ipp AJA Brownie AJA
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 2539/98, 3156/99
LOWER COURT JUDICIAL OFFICER: Justice Young
COUNSEL:
In Person (Appellant)
G C Lindsay SC (Respondents)
SOLICITORS:
In Person (Appellant)
Holding Redlich (Respondents)
CATCHWORDS:
CONTEMPT OF COURT - whether improper pressure applied to a party to withdraw from proceedings - where threatening letter sent to persons consenting to be joined as plaintiffs - where letter marked 'without prejudice' - whether letter admissible - whether communication between persons 'in dispute' - Evidence Act 1995, s131.
LEGISLATION CITED:
Evidence Act 1995
Supreme Court Act 1970
DECISION:
Appeals dismissed with costs.
JUDGMENT:
IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 40769/00
CA 40770/00
SC 2539/98
SC 3156/99SPIGELMAN CJ
IPP AJA
BROWNIE AJAWednesday 29 May 2002
Hari BHAGAT v GLOBAL CUSTODIANS LIMITED
Judgment
SPIGELMAN CJ: The Court has before it two Notices of Appeal pursuant to leave to appeal granted by the Court. The trial judge, Justice Young, had before him two separate proceedings that were the same in substance, save as to parties. The two proceedings raised the same single question and resulted in one set of orders made pursuant to a single Reasons for Judgment of Justice Young.
The Respondents successfully moved the Court in each proceeding for an order that the Appellant be found guilty of contempt and consequential relief. Justice Young made the finding of guilt and made consequential orders.
Background Proceedings
Following the collapse of a financial group referred to as Estate Mortgage, a number of investors banded together to seek to recover their losses. In 1990 a trust fund known as The Estate Mortgage Fighting Fund Trust was established with the Appellant, Hari Bhagat, and other persons as trustees. The First Respondent, Global Custodians Limited, is a member of a group of companies that subsequently acquired rights with respect to the funds formerly managed by Estate Mortgage. The First Respondent instituted proceedings in the Equity Division of the Supreme Court of New South Wales seeking orders relating to the administration of The Estate Mortgage Fighting Fund Trust, including orders to the effect that it was entitled to inspect books of account of the trust. It sought these orders, inter alia, on the basis of certain Deeds of Assignment from the second and third Respondents (to whom I will refer as the “Speights”) and from the fourth and fifth Respondents (to whom I will refer as the “Greenlees”).
In other proceedings, the judgment in which was tendered in evidence in the present proceedings (Global Custodians Limited v Mesh [1999] NSWSC 624), Justice…
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- AGLC
- Bhagat v Global Custodians Ltd [2002] NSWCA 160
- Case
- [2002] NSWCA 160
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the appellant had committed contempt of court by applying improper pressure to the Speights and the Greenlees to withdraw from proceedings, and whether a letter sent by the appellant to these parties, marked "without prejudice," was admissible as evidence. The court was required to consider the admissibility of this communication under section 131 of the *Evidence Act 1995* (NSW) and whether the communication was between persons "in dispute" for the purposes of that section.
Justice Young had found the appellant guilty of contempt, a decision that was upheld on appeal. The court reasoned that the letter, despite being marked "without prejudice," was admissible because it constituted evidence of conduct that might amount to contempt. The "without prejudice" privilege, the court explained, is not absolute and does not protect communications made in furtherance of a criminal or contemptuous act. The court determined that the appellant's actions in sending the threatening letter constituted an attempt to improperly pressure the Speights and the Greenlees, thereby interfering with the due administration of justice.
The appeals were dismissed with costs.
Orders
Orders of the court
Appeals dismissed with costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: SPIGELMAN CJ
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