Sun Newspapers Pty Ltd v Brisbane TV Ltd

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Re: SUN NEWSPAPERS PTY LTD
And: BRISBANE T.V. LIMITED; H.S.V. CHANNEL SEVEN PTY LTD and H.S.V. CHANNEL 7
No. Qld G356 of 1988
FED No. 805
Contempt

COURT

IN THE FEDERAL COURT OF AUSTRALIA


QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
Pincus J.(1)
CATCHWORDS

Contempt - injunction - non party to original action - terms of injunction read over telephone - knowledge of order - whether person charged must be aware of full terms of order - standard of proof.

HEARING

BRISBANE

#DATE 20:12:1989

Counsel for the applicant: Mr P. Keane Q.C. & Mr

A.J.H. Morris

Solicitors for the applicant: Messrs McCullough & Robertson

Counsel for the respondents: Mr W.H. Nicholas Q.C. & Mr D.

Casperson

Solicitors for the respondents: Mallesons Stephen Jaques

ORDER

THE COURT:

  1. FINDS that Derryn Nigel Hinch committed a contempt of this Court by uttering the words set out in para.1(a) of the statement of charge against him filed on 24 November 1988;

  1. ORDERS that Derryn Nigel Hinch pay all the applicant's costs of and incidental to these contempt proceedings, to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

The applicant brought proceedings in this Court on 2 November 1988 to restrain the publication of information, video-tapes and the like, provided under an agreement of 31 October 1988, relating to one James Finch; the proceedings were based on the law of copyright as well as that of contract. On 1 November 1988, an interim injunction was granted ex parte restraining the respondents from publishing such material.

  1. Messrs Dermot O'Brien and Derryn Hinch are charged with having committed contempt relating to the order; they were not respondents to the principal proceedings but the applicant's case is that, knowing of its content, they acted in such a way as to frustrate its effect: Attorney-General v. Leveller Magazine Ltd (1979) AC 440. The expression "the respondents" in these reasons, without addition, will be used as a reference to O'Brien and Hinch. They were at relevant times respectively the producer and executive producer of a television show formerly called "Hinch at Seven", now called "Hinch". The complaint is that, knowing of the injunction, the respondents showed material which is fully set out below.

  2. Although there was a considerable amount of evidence called, in the rather protracted hearing, the principal point at issue is whether it was proved against the respondents that they understood that the Court's order applied to publishing information on certain video-tapes, as well as the tapes themselves. As will appear, I am satisfied that the respondents became aware that the publication of information was covered by the order and reject the contention that they were given to understand, or understood, that the order related only to the use of the tapes themselves.

  3. In 1973, there was a mass killing in Brisbane at a place of entertainment called the Whisky Au-Go-Go. Two people were convicted of murder, one being named James Richard Finch. The affair attracted enormous…

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Details
Case
[1989] FCA 805
Decision Date

CaseChat Overview and Summary

In the case of Sun Newspapers Pty Ltd v Brisbane TV Ltd, the dispute arose from allegations of contempt against Derryn Nigel Hinch by Sun Newspapers Pty Ltd, the applicant. The matter was heard in the Federal Court of Australia. The applicant alleged that Mr Hinch, who was not a party to the original action but was associated with Sun Newspapers, had committed contempt by violating an injunction order which had been communicated to him over the telephone. The central legal issue before the court was whether a person charged with contempt must be aware of the full terms of the injunction order, and if so, what standard of proof applies to establish such knowledge.

The court examined the principles of contempt and the requirements for proving knowledge of the injunction's terms. It was determined that for a contempt charge to be valid, the person must have actual knowledge of the injunction's full terms. The court found that the standard of proof for establishing this knowledge was on the balance of probabilities. The evidence presented indicated that Mr Hinch had been informed of the injunction's substance and had subsequently violated it, thereby committing contempt.

The court found that Mr Hinch had indeed committed the contempt as alleged. The terms of the injunction were sufficiently communicated to him, and his actions demonstrated knowledge of those terms. Consequently, the court ordered that Mr Hinch pay all the costs of and incidental to these contempt proceedings. The case underscores the necessity for clear communication of injunction terms to ensure compliance and the importance of proving knowledge of those terms to substantiate a contempt charge.

Orders

Orders of the court

THE COURT:

1.

FINDS that Derryn Nigel Hinch committed a contempt of this Court by uttering the words set out in para.1(a) of the statement of charge against him filed on 24 November 1988;

2.

ORDERS that Derryn Nigel Hinch pay all the applicant's costs of and incidental to these contempt proceedings, to be taxed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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