Brennock & Dixon v Norman [2021] NSWSC 1182

Brennock & Dixon v Norman [2021] NSWSC 1182

The defendant's repeated publications after the defamation judgment and permanent injunctions deliberately continued imputations she had failed to prove and was restrained from making. Her conduct was contumacious, relentless and vitriolic, and amounted to an affront to the Court. Although her lack of antecedents, removal of the material, and belated apology were considered, a financial penalty alone was meaningless and real deterrence and denunciation were required. The appropriate punishment was committal for two weeks and a fine of $20,000, both suspended on good behaviour for two years, with costs on the ordinary basis.

Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Contempt Sentencing Arising From Defamation Proceedings / Penalty After the Defendant Was Found Guilty of Contempt for Publishing Articles in Breach of Permanent Injunctions
Outcome
Defendant sentenced for contempt; committal and fine imposed but suspended on terms, with costs ordered on an ordinary basis.
Legal Topics
['sentencing for Contempt' 'permanent Injunctions' 'defamatory Publications' 'contumacious Breach of Court Orders' 'suspended Committal and Fine' 'costs']
['contempt' 'defamation' 'civil Procedure'] ['sentencing for Contempt' 'permanent Injunctions' 'defamatory Publications' 'contumacious Breach of Court Orders' 'suspended Committal and Fine' 'costs']

Case Brief

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Procedural Posture

Contempt Sentencing Arising From Defamation Proceedings / Penalty After the Defendant Was Found Guilty of Contempt for Publishing Articles in Breach of Permanent Injunctions

Legal Issues

  1. 1 ["What penalty should be imposed for the defendant's contempt in publishing articles on her website in contravention of permanent injunctions restraining further defamatory publication." "Whether the defendant's conduct should be characterised as contumacious." 'Whether imprisonment, a fine, suspension of penalties, and costs were appropriate.']

Ratio Decidendi

The defendant's repeated publications after the defamation judgment and permanent injunctions deliberately continued imputations she had failed to prove and was restrained from making. Her conduct was contumacious, relentless and vitriolic, and amounted to an affront to the Court. Although her lack of antecedents, removal of the material, and belated apology were considered, a financial penalty alone was meaningless and real deterrence and denunciation were required. The appropriate punishment was committal for two weeks and a fine of $20,000, both suspended on good behaviour for two years, with costs on the ordinary basis.

Court Disposition

Defendant sentenced for contempt; committal and fine imposed but suspended on terms, with costs ordered on an ordinary basis.

Orders

  • ['The defendant is to be committed to a correctional centre for a period of two weeks.' 'The defendant is fined $20,000.' 'The committal and fine are suspended in accordance with SCR Pt.55 r.13(3) on terms that the defendant be of good behaviour for a period of two years.' 'The defendant is to pay the costs of the...