Re Glew

Case [2014] WASC 107


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

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

Legislation:

Bushfires Act 1954 (WA)
Children's Court of Western Australia Act 1988 (WA)
Constitution 1901 (Cth)
Criminal Code (WA)
District Court Act 1967 (Qld)
Judiciary Act 1903 (Cth)
Justices Act 1902 (WA) (repealed)
Justices Act 1921 (SA)
Magistrates Court Act 2004 (WA)
Rules of the Supreme Court 1971 (WA), O 50 r 3, O 50 r 4
Sentencing Act 1995 (WA)
Supreme Court Act 1935 (WA), s 16
Vexatious Proceedings Restriction Act 2002 (WA)

Result:

Application refused

Category:    B

Representation:

Counsel:

Applicant:     Mr A J Sefton

Contemnor:     In person

Solicitors:

Applicant:     State Solicitor for Western Australia

Contemnor:     In person

Case(s) referred to in judgment(s):

Agtrack (NT) Pty Ltd v Hatfield (2005) 223 CLR 251

Allbeury v Corruption and Crime Commission [2012] WASCA 84; (2012) 42 WAR 425

Attorney General (WA) v Glew [2014] WASC 100

Attorney-General for The State of Victoria v Rich [1998] VSC 41

Boath v Wyvill (1989) 85 ALR 621

Corruption and Crime Commission v Allbeury, Silvestro, Chikonga, Smith [No 2] [2011] WASC 26

Ex parte Tuckerman; Re Nash (1970) 3 NSWR 23

Gallagher v Durack (1983) 152 CLR 238

Glew v White [2012] WASC 100

Glew v White [2012] WASCA 138

Izoura v The Queen [1953] AC 327

Kennedy v Lovell [2002] WASCA 226

Krysiak v McDonagh [2012] WASC 270

Krysiak v McDonagh [2013] WASCA 100

Lewis v Judge Ogden (1984) 153 CLR 682

MacGroarty v Clauson (1989) 167 CLR 251

Mansell v Mignacca-Randazzo [2013] WASC 66

Marriner v Smorgon [1989] VR 485

Moorgate Tobacco Co Ltd v Philip Morris Ltd (1980) 145 CLR 457

Morris v Crown Office [1970] 2 QB 114

O'Connell v The State of Western Australia [2012] WASCA 96

O'Hair v Wright [1971] SASR 436

Parashuram Detaram Shamdasani v King‑Emperor [1945] AC 264

R v Dunbabin; Ex parte Williams (1935) 53 CLR 434

R v Eades (No 2) (1991) 6 WAR 532

R v MacDonald [1994] 1 VR 414

R v Pearce (1992) 7 WAR 395

Re Coroners Court of Western Australia; Ex parte Porteous [2002] WASCA 144; (2002) 26 WAR 483

Re Finlayson; Ex parte Finlayson (1997) 72 ALJR 73

Re Perkins; Mesto v Galpin [1998] 4 VR 505

Registrar of Supreme…

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Details
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.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Legal Principle Established

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