Jane Doe 1 and Jane Doe 2 v Dowling (No 2) [2016] NSWSC 1910

Jane Doe 1 and Jane Doe 2 v Dowling (No 2) [2016] NSWSC 1910

Given the defendant’s absence, lack of any material in support of justification, and repeated defiance of court orders, the plaintiffs have a strong prima facie case and the balance of convenience favours the continuation of the interim injunction. The circumstances justify making a substituted performance order and referring the matter for potential contempt proceedings.

Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
Defamation / Interlocutory Application for Continuation of Interim Injunction; Orders for Substituted Performance and Referral for Potential Contempt
Outcome
Interlocutory injunction orders confirmed and continued; substituted performance order made; matter referred to Prothonotary for consideration of contempt proceedings; orders in accordance with short minutes handed up by plaintiffs’ counsel.
Legal Topics
['interlocutory Injunction' 'defamation' 'contempt of Court' 'substituted Performance']
['defamation' 'civil Procedure' 'injunctions'] ['interlocutory Injunction' 'defamation' 'contempt of Court' 'substituted Performance']

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Procedural Posture

Defamation / Interlocutory Application for Continuation of Interim Injunction; Orders for Substituted Performance and Referral for Potential Contempt

Legal Issues

  1. 1 ['Whether interim injunction should be continued in a defamation case where no defence of justification is presented' 'Whether substituted performance order should be made where defendant has defied previous court orders' 'Whether matter should be referred for potential contempt of court']

Ratio Decidendi

Given the defendant’s absence, lack of any material in support of justification, and repeated defiance of court orders, the plaintiffs have a strong prima facie case and the balance of convenience favours the continuation of the interim injunction. The circumstances justify making a substituted performance order and referring the matter for potential contempt proceedings.

Court Disposition

Interlocutory injunction orders confirmed and continued; substituted performance order made; matter referred to Prothonotary for consideration of contempt proceedings; orders in accordance with short minutes handed up by plaintiffs’ counsel.

Orders

  • ['Orders 4, 5, and 6 pronounced on 21 December 2016 confirmed and continued.' 'Order for substituted performance under r 40.8 Uniform Civil Procedure Rules 2005 (NSW) enabling appointed person to secure website compliance, with provision for necessary access information from defendant.' 'Defendant ordered to assist...