Hearne v Street

Courts – Appeal - Jurisdiction - Supreme Court of New South Wales (Court of Appeal) - Civil and criminal contempt of court - Character of contempt charged - Whether civil or criminal - Whether appeal to Court of Appeal precluded by findings and orders of primary judge acquitting alleged contemnors.

Contempt of court – Where implied undertaking by corporate litigant not to use documents prepared by another party otherwise than for purpose of proceedings in which they were prepared - Whether appellants as servants and agents of corporate litigant bound by obligation - Meaning of "implied undertaking" - Whether knowledge of implied undertaking required or whether knowledge of facts generating an obligation imposed by law sufficient.

Contempt of court – Supreme Court Act 1970 (NSW), s 101(6) - Whether breach of implied undertaking civil or criminal contempt - Whether statement of charge precluded appeal to New South Wales Court of Appeal.

Contempt of court – Disclosure of documents filed in but not yet received in evidence by court - Whether implied undertaking attached to documents that they would not be disclosed to third parties without leave of court - Where documents disclosed to Minister, a member of Parliament, and staff whether such disclosure protected by law of Parliament - Whether such disclosure protected by public interest defence based upon right of communication with Parliament - Whether such questions should or could be decided by Court on basis of grounds of appeal and in face of disclaimer by alleged contemnors.

Contempt of court – Implied undertaking not to disclose documents filed in court until received in evidence - Whether implied undertaking now a substantive rule of common law - Whether applicable law should be re-expressed - Whether such questions should or could be decided.

Parliament – State Parliament (NSW) - Privileges of - Contempt of - Whether provision of documents to Minister, a member of Parliament, within privileges of Parliament or public interest defence based thereon - Whether such questions could or should be decided in light of record and arguments of parties.

Words and phrases – "implied undertaking".

Supreme Court Act 1970 (NSW) – s 101(6).

Supreme Court Rules 1970 (NSW) – Pt 55 r 7.