Doe v Dowling [2017] NSWSC 202

Doe v Dowling [2017] NSWSC 202

The defendant, Shane Dowling, was found guilty of contempt beyond reasonable doubt for intentional, wilful and contumacious breach of valid and enforceable suppression orders made by the Supreme Court of NSW, as he was aware of the orders, their terms were clear and unambiguous, and he consciously published the plaintiffs' names and related material in defiance of the orders. Collateral attacks on the underlying proceedings do not negate contempt for disobedience of binding court orders.

Parties
First Plaintiff: Jane Doe 1; Second Plaintiff: Jane Doe 2; Defendant: Shane Dowling
Jurisdiction
Australia
Judgment Date
15 March 2017
Procedural Posture
Contempt Application in Civil Proceedings / Liability Judgment
Outcome
Defendant found guilty of contempt. Penalty to be determined at future date.
Legal Topics
Breach of Suppression Order, Enforcement of Court Orders, Contumacious Contempt
Contempt of Court Suppression Orders Breach of Suppression Order Enforcement of Court Orders Contumacious Contempt

Case Brief

Summary, issues, holding and outcome

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Parties

Jane Doe 1

First Plaintiff

Jane Doe 2

Second Plaintiff

Shane Dowling

Defendant

Procedural Posture

Contempt Application in Civil Proceedings / Liability Judgment

Legal Issues

  1. 1 Whether the defendant breached suppression orders made by the Supreme Court of NSW by publishing the plaintiffs' names and related material
  2. 2 Whether the defendant's conduct was intentional, wilful and contumacious amounting to criminal contempt
  3. 3 Whether the suppression orders were valid and enforceable

Ratio Decidendi

The defendant, Shane Dowling, was found guilty of contempt beyond reasonable doubt for intentional, wilful and contumacious breach of valid and enforceable suppression orders made by the Supreme Court of NSW, as he was aware of the orders, their terms were clear and unambiguous, and he consciously published the plaintiffs' names and related material in defiance of the orders. Collateral attacks on the underlying proceedings do not negate contempt for disobedience of binding court orders.

Court Disposition

Defendant found guilty of contempt. Penalty to be determined at future date.

Orders

  • Finding that Shane Dowling is guilty of contempt for breach of the orders made by Campbell J on 21 December 2016. Penalty hearing adjourned to a date to be set.