Zaia v Eshow [2019] NSWSC 740

Zaia v Eshow [2019] NSWSC 740

The defendant, with knowledge of the injunction and its terms, deliberately republished six Facebook posts containing substantially the same imputations as those prohibited, acted wilfully and in defiance of the court orders, establishing criminal contempt beyond reasonable doubt.

Source-derived case information.

Parties
Plaintiff: Mar Meelis Zaia; Defendant: Sargon Eshow
Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Contempt Proceedings / Final Determination on Contempt Notice of Motion
Outcome
Declaration that defendant is guilty of contempt as charged. No penalty imposed. Costs to be determined.
Legal Topics
Breach of Injunction, Criminal Contempt, Defamatory Publication, Civil Vs Criminal Contempt, Facebook/social Media Publication
Procedure Contempt of Court Defamation Breach of Injunction Criminal Contempt Defamatory Publication Civil Vs Criminal Contempt Facebook/social Media Publication

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mar Meelis Zaia

Plaintiff

Sargon Eshow

Defendant

Procedural Posture

Contempt Proceedings / Final Determination on Contempt Notice of Motion

Legal Issues

  1. 1 Whether the defendant committed contempt of court by publishing material in breach of a permanent injunction restraining defamatory publications.
  2. 2 Whether the breach was wilful and contumacious to constitute criminal contempt.

Ratio Decidendi

The defendant, with knowledge of the injunction and its terms, deliberately republished six Facebook posts containing substantially the same imputations as those prohibited, acted wilfully and in defiance of the court orders, establishing criminal contempt beyond reasonable doubt.

Court Disposition

Declaration that defendant is guilty of contempt as charged. No penalty imposed. Costs to be determined.

Orders

  • Declaration that Sargon Eshow is guilty of contempt of the Supreme Court of NSW as charged in the plaintiff's motion. No order for imposition of penalty.