Case M18/2015

Construction, Forestry, Mining and Energy Union v. Boral Resources (Vic) Pty Ltd & Ors

Case No.

M18/2015

Case Information

Lower Court Judgment

24/10/2014 Supreme Court of Victoria (Court of Appeal) (Ashley, Redlich & Weinberg JJA)

[2014] VSCA 261

Catchwords

Procedure – Contempt – Disobedience of Court Orders – Where first to sixth respondents sought orders in the Supreme Court of Victoria that appellant be punished for contempt of Court constituted by alleged disobedience in relation to orders made by the Supreme Court of Victoria on 5 April 2013 – Where first to sixth respondents obtained orders requiring the appellant to make discovery of documents in accordance with r 29.07 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) for the purpose of proving appellant’s liability – Whether the Victorian Court of Appeal erred by refusing leave to appeal against the decision to order discovery because of the criminal nature of contempt proceedings – Whether a plaintiff in contempt proceedings can invoke court processes to compel the production of documents by a corporate defendant.

Short Particulars

Documents

13/02/2015 Hearing (SLA, Melbourne)

27/02/2015 Notice of appeal

10/03/2015 Written submissions (Appellant)

10/03/2015 Chronology (Appellant)

24/03/2015 Written submissions (First to Sixth Respondents)

24/03/2015 Written submissions (Seventh Respondents)

31/03/2015 Reply

08/04/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

17/06/2015 Judgment (Judgment Summary)