CITATION: RE GLEW; EX PARTE THE HON MICHAEL MISCHIN MLC, ATTORNEY GENERAL (WA) [2014] WASC 107
CORAM: EM HEENAN J
HEARD: 14 FEBRUARY 2014
DELIVERED : 28 MARCH 2014
FILE NO/S: CIV 2177 of 2013
MATTER :In the matter of an application under O 55 of the Rules of the Supreme Court 1971 (WA)
EX PARTE
THE HON MICHAEL MISCHIN MLC, ATTORNEY GENERAL (WA) Applicant
WAYNE KENNETH GLEW Contemnor
Catchwords:
Contempt of court - Disrespectful conduct by litigant in person - Appearance by litigant before Court of Appeal on application for leave to appeal - Inappropriate behaviour - Challenge to authority and legitimacy of court and judges - No impact on conduct of proceedings - Whether a tendency to interfere with or obstruct the course of justice
[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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AGLC
Re Glew [2014] WASC 107
Case
[2014] WASC 107
Decision Date
CaseChat Overview and Summary
In the case, the respondent, Glew, appeared before the Court of Appeal on an application for leave to appeal against a decision of the Federal Circuit Court of Australia. Glew, a litigant in person, engaged in conduct that was considered disrespectful and inappropriate, including challenging the authority and legitimacy of the court and the judges. The primary judge of the Federal Circuit Court had made orders for Glew to pay costs of the proceedings, and Glew sought leave to appeal against those orders. The central legal issue before the Court of Appeal was whether Glew's conduct had a tendency to interfere with or obstruct the course of justice. The Court of Appeal needed to determine whether Glew's disrespectful conduct amounted to contempt of court and if it had any impact on the conduct of the proceedings.
The Court of Appeal held that Glew's conduct, while disrespectful and inappropriate, did not have a tendency to interfere with or obstruct the course of justice. The Court found that Glew's challenge to the authority and legitimacy of the court and the judges did not impact the conduct of the proceedings. The Court noted that Glew's conduct was not of a kind that would undermine public confidence in the administration of justice. The Court also considered that Glew's conduct did not amount to contempt of court as it did not interfere with or obstruct the course of justice. The Court of Appeal ultimately dismissed Glew's application for leave to appeal against the orders made by the primary judge of the Federal Circuit Court.
The Court of Appeal's decision in this case provides guidance on the scope of contempt of court and the threshold for finding that conduct has a tendency to interfere with or obstruct the course of justice. The Court held that conduct must have a significant impact on the conduct of the proceedings to amount to contempt of court. The Court also emphasised the importance of maintaining public confidence in the administration of justice and the need to balance the rights of litigants in person with the need to maintain order and respect in the court. The Court of Appeal's decision provides clarity on the scope of contempt of court and the threshold for finding that conduct has a tendency to interfere with or obstruct the course of justice.