Wright v Ryan & Anor

[2005] NSWCA 368

NSW Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Circumstantial evidence
3. › Repetitive conduct
4. › Whether repetitive and continuous conduct excludes as unreasonable any explanation other than the carrying on of a business
1. Evidence
2. › Fresh evidence on appeal
3. › Appeal from conviction for contempt of court
4. › Whether civil or criminal tests apply
5. › Whether fresh evidence credible and capable of producing different result
6. › Supreme Court Act 1970 (NSW), s 75A(8)
1. Contempt of Court
2. › Breach of undertakings
3. › Construction of undertakings
4. › Whether undertakings too ambiguous to enforce
5. › Whether acceptance of business proposition from customer constitutes 'approach'
1. Appeal
2. › Fresh evidence
3. › Requirements for reception of further evidence
4. › Distinction between civil and criminal standards
5. › Supreme Court Act 1970 (NSW), s 75A(8)

Quick Take

An undertaking not to 'approach' customers is breached by positively responding to a business proposition initiated by a customer — the undertaking is not limited to cases where the covenantor makes the first approach. The question whether the civil or criminal standard governs fresh evidence applications in appeals from contempt convictions remains open.