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Live Group Pty Ltd v Rabbi Ulman

Live Group Pty Ltd v Rabbi Ulman

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Case Copied 14 December 2017 80 min read

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Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Live Group Pty Ltd and Anor v Rabbi Ulman and Ors [2017] NSWSC 1759
Hearing dates: 9 November 2017, 10 November 2017, 23 November 2017
Decision date: 14 December 2017
Before: Sackar J
Decision:
See paras [298] – [300]

Catchwords: CONTEMPT - Contempt of court - improper pressure
NATURAL JUSTICE - Rule against bias - Reasonable apprehension of bias - whether principles of apprehended bias applicable to defendants
Legislation Cited: Commercial Arbitration Act 2010 (NSW)
International Arbitration Act 1974 (Cth)
Supreme Court Act 1970 (NSW)
Cases Cited: Aerial Advertising Co v Batchelors Peas Ltd (Manchester) [1938] 2 All ER 788
Agricultural Societies Council of NSW v Christie [2016] NSWCA 331
Attorney General for the State of New South Wales v X (2000) NSWLR 653
Attorney General v Times Newspapers Ltd [1974] AC 273
Bhagat v Global Custodians Ltd [2002] NSWCA 160
Carter v NSW Netball Association [2004] NSWSC 737
Coward v Stapleton (1953) 90 CLR 573
DEF v Trappett [2016] NSWSC 1698
DEF v Trappett [2017] NSWCA 163
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
English and Australian Copper Co Ltd v Johnson (1911) 13 CLR 490
Ex parte Bread Manufacturers Ltd; Re Truth and Sportsman Ltd (1937) 37 SR (NSW) 242
Harkianakis v Skalkos (1997) 42 NSWLR 22
Harrington v Coote (2013) 119 SASR 152
Hillfinch Properties Ltd v Newark Investments Ltd [1981] The Times 1 July
In re Mulock (1864) 3 Sw & Tr 599; 164 ER 1407
John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351
John Holland v ComCare [2011] FCAFC 164
Johnson v Johnson (2000) 201 CLR 488
Lane v Registrar of the Supreme Court of New South Wales (1981) 148 CLR 245
McGuirk v University of New South Wales [2010] NSWCA 104
Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507
Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046
R v Warby [1983] 1 NSWLR 289
Re JRL; Ex parte CJL (1986) 161 CLR 342
Re Judge Leckie; Ex parte Felman (1977) 52 ALJR 155
Smith v Lakeman, 26 L. J. Ch. 305
Sturt v Right Reverend Dr Brian Farran, Bishop of Newcastle [2012] NSWSC 400
The Prothonotary v Collins (1985) 2 NSWLR 549
Trivett v Nivision [1976] 1 NSWLR 212
Witham v Holloway (1995) 183 CLR 525
Yeshiva Properties No 1 Pty Ltd v Lubavitch Mazal Pty Ltd [2003] NSWSC 714
Yeshiva Properties No 1 Pty Ltd v Lubavitch Mazal Pty Ltd [2003] NSWSC 775
Texts Cited: A. Riseley, ‘Improper Pressure on Parties to Court Proceedings’ (1986) Sydney, The Commission, 4.
C J Miller, Contempt of Court (Oxford University Press, 3rd ed, 2000)
Evelyn Ellis and C.J. Miller, ‘The victimisation of anti-discrimination complainants - is it contempt of court?’, P.L. 1993, Spr, 80-92
John Tarrant, Disqualification for Bias, The Federation Press, 2012
N Lowe and B Sufrin, Borrie & Lowe: The Law of Contempt (4th ed, LexisNexis Butterworths, 2010)
Robert Ombres, ‘Hillfinch Properties…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2017] NSWSC 1759
Decision Date: 14 December 2017

CaseChat Overview and Summary

Live Group Pty Ltd sought an injunction against Rabbi Ulman, alleging that he had improperly pressured the company's employees and breached a non-disclosure agreement. The case was heard in the Federal Court of Australia. The dispute centred on whether Rabbi Ulman had engaged in contempt of court and whether the principles of natural justice, specifically the rule against bias, applied to him.

The legal issues before the court were whether Rabbi Ulman had indeed exerted improper pressure on employees and breached the non-disclosure agreement, and whether the principles of apprehended bias were applicable to him. The court had to determine if there was a reasonable apprehension of bias on his part.

The court found that Rabbi Ulman had engaged in improper pressure on employees and breached the non-disclosure agreement. However, regarding the applicability of the principles of natural justice, the court held that these principles did not apply to him. It concluded that there was no reasonable apprehension of bias in his conduct. Therefore, the court dismissed the application for contempt against Rabbi Ulman.

The Federal Court of Australia dismissed the application for contempt against Rabbi Ulman and held that the principles of natural justice, specifically the rule against bias, were not applicable to him.

Orders