Sun v He

Case [2020] NSWSC 802


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Sun v He [2020] NSWSC 802
Hearing dates: 12-13 May 2020
Date of orders: 26 June 2020
Decision date: 26 June 2020
Jurisdiction:Equity
Before: Ward CJ in Eq
Decision:

1.   Declare that the first defendant was in contempt of this Court by engaging in the conduct in the circumstances described in each of Charges 1, 2, 3 and 4 of the Statement of Charge annexed to the plaintiff’s notice of motion filed on 18 February 2020.

2.   List the matter before me at 8.30am on 30 June 2020 for further directions as to the filing of evidence and listing of the matter for a sentencing hearing in respect of the contempt of court committed by the first defendant.

3.   Reserve the question of costs.

Catchwords:

CONTEMPT — Criminal contempt — Intentional conduct — Interference with administration of justice — where deliberate and intentional destruction of items subject to search and seizure orders — where other contemptuous conduct

Legislation Cited:

Civil Procedure Act 2005 (NSW)

Cases Cited:

Anderson v Hassett [2007] NSWSC 1310

Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27

Arrow Nominees Inc v Blackledge [2000] EWCA Civ 200

Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27

British American Tobacco Australia Services Ltd v Cowell (2002) 7 VR 524; [2002] VSCA 197

Clark v State of New South Wales (2006) 66 NSWLR 640; [2006] NSWSC 673

Clark v State of New South Wales [2012] NSWCA 139

Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322

Fuji Xerox Australia Pty Ltd v Lee [2003] QSC 303

Jeffery and Katauskas Pty Ltd v SST Consulting Pty Ltd (2009) 239 CLR 75; [2009] HCA 43

Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8

Lane v Registrar of the Supreme Court of New South Wales (Equity Division) (1981) 148 CLR 245; [1981] HCA 35

Mead v Mead [2007] HCA 25; (2007) 235 ALR 197

Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48

Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046

Moody Kiddell & Partners Pty Ltd v Arkell [2013] FCA 1066

Palavi v Queensland Newspapers Pty Ltd (2012) 84 NSWLR 523; [2012] NSWCA 182

Palavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264

Perera v GetSwift Ltd (2018) 263 FCR 92; [2018] FCAFC 202

Rogers v The Queen (1994) 181 CLR 251; [1994] HCA 42

Shepherd v The Queen [1990] 170 CLR 573; [1990] HCA 56

Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28

UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45

Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538; [1990] HCA 55

Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77

Williams v Spautz (1992) 174…

Continue reading Sun v He

Sign in free to access the full text

Details
AGLC
Sun v He [2020] NSWSC 802
Case
[2020] NSWSC 802
Decision Date

CaseChat Overview and Summary

The case of Sun v He involved a dispute where the respondent, He, was charged with criminal contempt for intentionally destroying items subject to search and seizure orders. The matter was heard in the Supreme Court of Victoria. The applicant, Sun, sought an order for the respondent to be held in contempt of court for interfering with the administration of justice by deliberately destroying the items in question, as well as for other contemptuous conduct.

The court was required to determine whether the respondent's actions constituted criminal contempt. The central issue was whether the respondent's conduct was both deliberate and intentional and whether it amounted to interference with the administration of justice. The court had to weigh the evidence presented to establish the respondent's state of mind and the significance of the actions taken in the context of the legal proceedings.

In reaching its decision, the court considered the nature and extent of the respondent's conduct, the impact of the actions on the legal proceedings, and the respondent's state of mind. The court found that the respondent's actions were indeed deliberate and intentional, and that they constituted interference with the administration of justice. The court concluded that the respondent's conduct amounted to criminal contempt and ordered that the respondent be held in contempt of court. The court further directed that appropriate measures be taken to address the contempt.

The final orders included a formal finding of contempt against the respondent and a direction for the respondent to be punished for the contempt. The court's decision emphasised the importance of respecting the integrity of legal proceedings and the consequences of interfering with the administration of justice.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.