Hwang v Lawrie & Anor

[2013] QCA 204

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Contempt of court
3. › Right of contemnor to be heard
4. › Whether absolute bar or discretion
5. › Whether interests of justice favour hearing appeal
6. › Whether contempt in related proceeding enlivens discretion
1. Practice and Procedure
2. › Contempt of court
3. › Contempt of orders the subject of appeal
4. › Whether appellant may challenge correctness of orders of which in prima facie contempt
1. Appeal
2. › General civil appeal
3. › No evidence adduced at trial
4. › Whether trial judge erred in findings of fraud, undue influence and unconscionable conduct on unchallenged evidence
1. Equity
2. › Undue influence
3. › Unconscionable conduct
4. › Fraud
5. › Transactions by person lacking mental capacity
6. › Constructive trust

Quick Take

In Queensland, the question of whether a party in prima facie contempt of court orders will be heard is one of discretion depending on the interests of justice, not an absolute bar. Where the appeal challenges the correctness of the very orders of which the appellant is in prima facie contempt, the circumstances will be rare where it is right to shut the appellant out from arguing the appeal. It remains an open question precisely when contempts in a different but related proceeding may enliven the discretion.