Athens & Anor v Randwick City Council [2005] NSWCA 317 (16 September 2005)

[2005] NSWCA 317

CONTEMPT OF COURT

JUDGMENTS AND ORDERS – Construction of court orders – Use of extrinsic material – Need for certainty – Relevance of prejudice where alleged uncertainty minor – Applicability of criminal procedure to contempt proceedings

EVIDENCE – Exclusion of evidence improperly obtained – Conversations with persons encountered on premises during execution of search warrant – Whether improperly obtained – Whether inadmissible as hearsay – Whether admissible as statement of intention – Cross-examination of officer of company on return of subpoena to company – Whether part of evidence in the proceedings.

Evidence Act 1995  ss.64, 72, 138