Al Muderis v Duncan (No 4) [2018] NSWSC 925

Al Muderis v Duncan (No 4) [2018] NSWSC 925

The Court was satisfied beyond reasonable doubt that the second defendant/contemnor knew of the relevant court orders and deliberately and contumaciously disobeyed them. The publication counts involved repeated publication or continued availability of defamatory online material contrary to injunctions and thereby undermined the authority of the Court and interfered with the administration of justice, so counts 1, 2, 3, 6, 7, 8 and 9 were both civil and criminal contempt. The failures to provide financial information and surrender a passport were serious breaches of orders but, having regard to the nature of those orders, were treated as civil contempt for counts 4, 5, 10 and 11. Permanent...

Jurisdiction
Australia
Judgment Date
14 June 2018
Procedural Posture
Contempt Motion in Defamation Proceedings / Finding of Guilt; Penalty to Be Determined After Written Submissions
Outcome
Second defendant/contemnor found guilty of civil and criminal contempt on counts 1, 2, 3, 6, 7, 8 and 9, and guilty of civil contempt on counts 4, 5, 10 and 11; penalty reserved for further submissions; indemnity costs ordered.
Legal Topics
['civil Contempt' 'criminal Contempt' 'breach of Court Orders' 'freezing Orders' 'interlocutory Injunctions' 'permanent Injunctions' 'substituted Service' 'indemnity Costs' 'burden of Proof Beyond Reasonable Doubt' 'internet and Social Media Publications']
['contempt of Court' 'defamation' 'civil Procedure' 'costs'] ['civil Contempt' 'criminal Contempt' 'breach of Court Orders' 'freezing Orders' 'interlocutory Injunctions' 'permanent Injunctions' 'substituted Service' 'indemnity Costs' 'burden of Proof Beyond Reasonable Doubt' 'internet and Social Media Publications']

Case Brief

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Procedural Posture

Contempt Motion in Defamation Proceedings / Finding of Guilt; Penalty to Be Determined After Written Submissions

Legal Issues

  1. 1 ['Whether the second defendant/contemnor breached injunctions prohibiting publication of defamatory material by publishing or maintaining websites, Facebook material, YouTube videos and RU Tube videos referring to the plaintiff/prosecutor.' 'Whether the second defendant/contemnor breached freezing and related orders by failing to provide an affidavit of financial information and failing to surrender his passport.' 'Whether the proved breaches should be characterised as civil contempt, criminal contempt, or both.' 'Whether guilt was proved beyond reasonable doubt, including by circumstantial evidence and inference.' 'Whether permanent injunctive relief and indemnity costs should be ordered.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the second defendant/contemnor knew of the relevant court orders and deliberately and contumaciously disobeyed them. The publication counts involved repeated publication or continued availability of defamatory online material contrary to injunctions and thereby undermined the authority of the Court and interfered with the administration of justice, so counts 1, 2, 3, 6, 7, 8 and 9 were both civil and criminal contempt. The failures to provide financial information and surrender a passport were serious breaches of orders but, having regard to the nature of those orders, were treated as civil contempt for counts 4, 5, 10 and 11. Permanent...

Court Disposition

Second defendant/contemnor found guilty of civil and criminal contempt on counts 1, 2, 3, 6, 7, 8 and 9, and guilty of civil contempt on counts 4, 5, 10 and 11; penalty reserved for further submissions; indemnity costs ordered.

Orders

  • ['The second defendant/contemnor is guilty of criminal and civil contempt for counts 1, 2, 3, 6, 7, 8 and 9 of the Statement of Charge filed herein.' 'The second defendant/contemnor is guilty of civil contempt in relation to counts 4, 5, 10 and 11 of the Statement of Charge filed herein.' 'The plaintiff/prosecutor...