MB v SG [2017] NSWSC 1203

MB v SG [2017] NSWSC 1203

Because the defendant filed no defence, clearly and consideredly did not seek to defend the defamation action, professed no interest in repeating the allegations, and consented to the interlocutory restraints being made final, and because the restrained material was highly defamatory, default judgment and final restraining orders were appropriate. The contempt motions were serious and should be listed for hearing rather than stood over to early next year.

Jurisdiction
Australia
Judgment Date
15 June 2017
Procedural Posture
Defamation Proceedings With Related Contempt Motions / Show Cause/default Judgment and Final Injunctions; Contempt Motions Fixed for Hearing
Outcome
Default judgment entered for the plaintiff; interlocutory restraining orders continued on a final basis; contempt motions fixed for hearing.
Legal Topics
['default Judgment' 'interlocutory Injunctions Continued on a Final Basis' 'restraining Publication of Defamatory Material' 'non Publication and Anonymisation' 'breach of Court Orders']
['defamation' 'contempt of Court' 'civil Procedure'] ['default Judgment' 'interlocutory Injunctions Continued on a Final Basis' 'restraining Publication of Defamatory Material' 'non Publication and Anonymisation' 'breach of Court Orders']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceedings With Related Contempt Motions / Show Cause/default Judgment and Final Injunctions; Contempt Motions Fixed for Hearing

Legal Issues

  1. 1 ['Whether default judgment should be entered where the defendant filed no defence and did not seek to defend the defamation action.' 'Whether interlocutory orders restraining publication should be continued on a final basis.' 'How the related contempt motions should proceed.']

Ratio Decidendi

Because the defendant filed no defence, clearly and consideredly did not seek to defend the defamation action, professed no interest in repeating the allegations, and consented to the interlocutory restraints being made final, and because the restrained material was highly defamatory, default judgment and final restraining orders were appropriate. The contempt motions were serious and should be listed for hearing rather than stood over to early next year.

Court Disposition

Default judgment entered for the plaintiff; interlocutory restraining orders continued on a final basis; contempt motions fixed for hearing.

Orders

  • ['Default judgment is entered for the plaintiff against the defendant.' 'Order 2 made by Campbell J on 7 November 2016 continued on a final basis.' 'Order 1 made by Davies J on 23 November 2016 (attached) continued on a final basis.' 'I fix the contempt motion articulated in the two statements of charge dated 16...