Hearne v Street

HIGH COURT OF AUSTRALIAGLEESON CJ,KIRBY, HAYNE, HEYDON AND CRENNAN JJPETER HEARNE AND ANOR  APPELLANTSANDJOAN STREET AND ORS   RESPONDENTSHearne v Street [2008] HCA 366 August 2008S123/2008ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationD F Jackson QC with T G R Parker SC for the appellants (instructed by Clayton Utz)T A Alexis SC with P M Sibtain for the respondents (instructed by Wise Legal)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHearne v StreetCourts – Appeal – Jurisdiction – Supreme Court of New South Wales (Court of Appeal) – Civil and criminal contempt of court – Character of contempt charged – Whether civil or criminal – Whether appeal to Court of Appeal precluded by findings and orders of primary judge acquitting alleged contemnors.Contempt of court – Where implied undertaking by corporate litigant not to use documents prepared by another party otherwise than for purpose of proceedings in which they were prepared – Whether appellants as servants and agents of corporate litigant bound by obligation – Meaning of "implied undertaking" – Whether knowledge of implied undertaking required or whether knowledge of facts generating an obligation imposed by law sufficient.Contempt of court – Supreme Court Act 1970 (NSW), s 101(6) – Whether breach of implied undertaking civil or criminal contempt – Whether statement of charge precluded appeal to New South Wales Court of Appeal.Contempt of court – Disclosure of documents filed in but not yet received...