Munsie v Dowling [2014] NSWSC 598

Munsie v Dowling [2014] NSWSC 598

The plaintiffs established a strong prima facie case that the defendant had published defamatory material with no apparent viable defence. The balance of convenience and the inadequacy of damages favoured granting interlocutory injunctive relief to restrain further publication pending trial. Freedom of speech was outweighed due to the ongoing and irreparable reputational harm shown, and the defendant's conduct and lack of defence.

Parties
First Plaintiff: Justine Munsie; Second Plaintiff: Kerry Stokes; Defendant: Shane Dowling
Jurisdiction
Australia
Judgment Date
16 May 2014
Procedural Posture
Interlocutory Application / Interlocutory Injunction Hearing
Outcome
Interlocutory injunction granted.
Legal Topics
Interlocutory Relief, Injunctions, Defamation, Freedom of Speech
Defamation Practice and Procedure Interlocutory Relief Injunctions Freedom of Speech

Case Brief

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Parties

Justine Munsie

First Plaintiff

Kerry Stokes

Second Plaintiff

Shane Dowling

Defendant

Procedural Posture

Interlocutory Application / Interlocutory Injunction Hearing

Legal Issues

  1. 1 Whether interlocutory injunctive relief should be granted to restrain the defendant from publishing alleged defamatory material about the plaintiffs
  2. 2 Whether the plaintiffs have established a prima facie case for injunction
  3. 3 Whether the balance of convenience favours granting the injunction

Ratio Decidendi

The plaintiffs established a strong prima facie case that the defendant had published defamatory material with no apparent viable defence. The balance of convenience and the inadequacy of damages favoured granting interlocutory injunctive relief to restrain further publication pending trial. Freedom of speech was outweighed due to the ongoing and irreparable reputational harm shown, and the defendant's conduct and lack of defence.

Court Disposition

Interlocutory injunction granted.

Orders

  • The defendant be restrained, until further order, from publishing: (a) The Article and the Twitter Publication respectively identified in Exhibits JMM-1 and JMM-6 to the affidavit of Justine Melissa Munsie sworn 14 April 2014; (b) The alleged imputations set out in the Statement of Claim filed herein on 15 April...
  • The question of costs of the Notice of Motion is reserved.