Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan (No 3)

The Prothonotary of the Supreme Court of New South Wales initiated proceedings against Yau Hang Chan for alleged contempt of court stemming from conduct before the Local Court. Chan, a self-represented litigant, had a history of vexatious litigation, leading to the Supreme Court issuing an order that any application for an adjournment by Chan required prior written approval from the Prothonotary. Despite this order, Chan applied for a further adjournment without obtaining the necessary approval, prompting the Prothonotary to seek a contempt finding. The primary legal issue was whether Chan's conduct constituted contempt of court given the Supreme Court's prior order regarding adjournments. The court had to determine whether Chan's disregard of the Supreme Court's directive constituted an act of contempt and warranted further sanctions.

The court examined the nature of the order issued by the Supreme Court and its intention to prevent unnecessary delays caused by Chan's vexatious litigation. It held that the order was clear and unambiguous, requiring Chan to seek prior approval for any adjournment application. The court found that by proceeding with the adjournment application without obtaining the requisite approval, Chan had deliberately disobeyed a clear and unequivocal court order. This deliberate defiance constituted an act of contempt, as it undermined the authority and integrity of the court. Consequently, the court found Chan in contempt of the Supreme Court.

The court ordered Chan to pay a fine of $1,000 and directed that if the fine was not paid within 28 days, Chan would be imprisoned for 14 days. The court also reiterated the importance of adhering to court orders, particularly those designed to manage and control vexatious litigation. The decision underscored the court's commitment to maintaining the efficiency and integrity of the judicial process by imposing sanctions for contempt where appropriate.