Bhagat v Global Custodians Limited

[2002] NSWCA 160

NSW Court of Appeal

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Interrogate

Catchwords

1. Contempt of Court
2. › Improper pressure on parties
3. › Threatening letters to persons consenting to be joined as plaintiffs
4. › Whether letters constituted improper pressure to withdraw from proceedings
5. › Distinction between proper and improper pressure
6. › Relevance of vulnerability of recipients
7. › Whether objective or subjective test applies
1. Evidence
2. › Privilege
3. › Without prejudice communications
4. › Section 131 Evidence Act 1995 (NSW)
5. › Whether communication made in connection with attempt to negotiate settlement of dispute
6. › Whether communication between persons in dispute
7. › Exception for communications in furtherance of offence or act rendering person liable to civil penalty
8. › Evidence Act 1995 (NSW), s 131
1. Contempt of Court
2. › Civil and criminal contempt
3. › Standard of proof
4. › Whether contempt constitutes offence or act rendering person liable to civil penalty
5. › Evidence Act 1995 (NSW), s 131(2)(j)

Quick Take

A letter marked 'without prejudice' that contains peremptory demands and threats rather than a genuine attempt to negotiate does not attract the protection of s 131 of the Evidence Act 1995. In assessing whether pressure on a litigant constitutes contempt in the context of private communications, the court may have regard to both objective factors and the particular vulnerability of the recipient. Both criminal contempt (as an 'offence') and civil contempt (as an 'act rendering a person liable to a civil penalty') fall within the s 131(2)(j) exception to without prejudice privilege.