Ulman v Live Group Pty Ltd

The appellants, Ulman and others, appealed a decision of the Supreme Court of New South Wales where they were found guilty of contempt of court. The contempt arose from actions taken against the second respondent, who had allegedly failed to submit to the jurisdiction of a religious court concerning a commercial dispute. The appellants had threatened the second respondent with religious sanctions if they did not comply with the religious court's jurisdiction.

The central legal issues before the Court of Appeal were whether the primary judge's findings of contempt accurately reflected the charges laid against the appellants, and whether the primary judge erred in concluding that the appellants had exerted improper pressure on the second respondent. This pressure was alleged to have a real tendency to interfere with the administration of justice by discouraging the assertion of rights in civil courts. Additionally, the court considered whether the penalties imposed for criminal contempt were manifestly excessive and whether the primary judge had erred in ordering the appellants to pay a portion of the respondents' costs on an indemnity basis.

The Court of Appeal allowed the appeal in part. It found that while the appellants were guilty of contempt, the primary judge's findings were not precisely aligned with the charges. The court set aside the original orders and substituted new ones. The first, second, and third appellants were each fined $7,500 for contempt, and the fourth appellant was fined $2,500. The court also ordered that the appellants pay the respondents' costs of the proceedings below on an ordinary basis, rather than an indemnity basis, and that the appellants pay 75 per cent of the respondents' costs of the appeal.