Kenneth Leonard Day v John Hazlett Niddrie and Ord

[1991] NTSC 10

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Mining
2. › Mining Warden's Court
3. › Jurisdiction
4. › Power to punish for contempt
5. › Default in complying with judgment or order
6. › Whether offence under s 156 is criminal offence or contempt sui generis
7. › Whether Warden's Court has jurisdiction to convict and impose penalty
8. › Mining Act 1980 (NT), ss 141, 150, 155, 156
1. Contempt of Court
2. › Inferior courts
3. › Statutory contempt powers
4. › Distinction between criminal contempt and civil contempt
5. › Contempt as power sui generis
6. › Mining Act 1980 (NT), ss 150, 155, 156

Quick Take

Section 156 of the Mining Act 1980 (NT) creates an offence in the nature of contempt (sui generis) rather than a criminal offence, and the Mining Warden's Court has jurisdiction to deal with such offences in exercise of its contempt jurisdiction conferred by ss 150 and 155 of the Mining Act. It is unnecessary to determine whether the Warden's Court has a general criminal jurisdiction to resolve this question.