Ulman v Live Group Pty Ltd

(2018) 367 ALR 95; [2018] NSWCA 338

NSW Court of Appeal

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Interrogate

Catchwords

1. Contempt
2. › Criminal contempt
3. › Interference with administration of justice generally
4. › Threatening religious sanctions for failure to submit to religious court jurisdiction
5. › Whether threats had real tendency to interfere with administration of justice
6. › Whether pressure was improper
1. Contempt
2. › Criminal contempt
3. › Charges
4. › Whether findings of contempt were those that were charged
5. › Whether contempt based on interference with administration of justice generally or interference with particular proceedings
1. Contempt
2. › Criminal contempt
3. › Penalties
4. › Fine
5. › Whether penalties manifestly excessive
6. › Relevant considerations including first offence, absence of contumacious conduct, risk of reoffending, publicity
1. Costs
2. › Party and party costs
3. › Bases of quantification
4. › Indemnity costs
5. › Whether indemnity costs warranted
6. › Whether costs form part of penalty for contempt
7. › Civil Procedure Act 2005 (NSW), s 98
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Quick Take

Threats of religious sanctions by a religious tribunal to deter a person from exercising their right to have a commercial dispute resolved in a civil court can constitute criminal contempt as interference with the administration of justice generally, even where the sanctions are a form of religious excommunication and the tribunal asserts jurisdiction under religious law.