Jane Doe 1 and Jane Doe 2 v Dowling [2016] NSWSC 1909

Jane Doe 1 and Jane Doe 2 v Dowling [2016] NSWSC 1909

Interim relief was granted because the plaintiffs' defamation case was more than fairly arguable, no possible defence of justification was apparent on the material before the Court, the impugned matter was a short and gratuitous paragraph unrelated to the main article, and the balance of convenience favoured relief given the risk that damages may be inadequate; because the defendant had not been heard, the injunction was limited to a short period with the matter to return promptly.

Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Defamation / Urgent Ex Parte Application for Interim Injunction and Suppression/non Publication Orders
Outcome
Urgent interim relief granted; leave to file originating material and motion granted; pseudonym and suppression/non-publication orders made; access to confidential material restricted.
Legal Topics
['urgent Interim Injunction' 'ex Parte Relief' 'balance of Convenience' 'freedom of Speech' 'suppression and Non Publication Orders' 'proceeding by Pseudonym']
['defamation' 'civil Procedure'] ['urgent Interim Injunction' 'ex Parte Relief' 'balance of Convenience' 'freedom of Speech' 'suppression and Non Publication Orders' 'proceeding by Pseudonym']

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Procedural Posture

Defamation / Urgent Ex Parte Application for Interim Injunction and Suppression/non Publication Orders

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave to file a statement of claim and a notice of motion returnable instanter.' 'Whether urgent interim injunctive relief should be granted in a defamation case despite the exceptional caution required for such relief.' 'Whether the plaintiffs should be permitted to proceed by pseudonym and obtain suppression or non-publication orders under the Court Suppression and Non-Publication Orders Act 2010 (NSW).' 'Whether access to the document marked "confidential RMK1" should be restricted to parties absent prior leave of a Judge of the Court.']

Ratio Decidendi

Interim relief was granted because the plaintiffs' defamation case was more than fairly arguable, no possible defence of justification was apparent on the material before the Court, the impugned matter was a short and gratuitous paragraph unrelated to the main article, and the balance of convenience favoured relief given the risk that damages may be inadequate; because the defendant had not been heard, the injunction was limited to a short period with the matter to return promptly.

Court Disposition

Urgent interim relief granted; leave to file originating material and motion granted; pseudonym and suppression/non-publication orders made; access to confidential material restricted.

Orders

  • ["Leave granted to file the statement of claim in court upon the solicitor's undertaking to pay the requisite fee." 'Leave granted for the notice of motion to be filed in court and ordered returnable instanter.' 'The interim relief sought was granted for a short time, with the matter to come back before the Court at...