Munsie v Dowling (No 10) [2018] NSWSC 709

Munsie v Dowling (No 10) [2018] NSWSC 709

Given the repeated, scandalous, and baseless defamatory publications by the defendant, the failure to defend or justify the publications, and the substantial and ongoing risk of republication, a permanent injunction restraining the defendant from further publication of the specified material and similar defamatory matter concerning the plaintiffs is warranted, together with an order for costs.

Jurisdiction
Australia
Judgment Date
21 May 2018
Procedural Posture
Defamation / Final Judgment (principal Judgment, Post Interlocutory)
Outcome
Permanent injunction granted; defendant ordered to pay plaintiffs' costs and interest on costs.
Legal Topics
['permanent Injunction' 'defamatory Imputations' 'internet Publication' 'freedom of Speech' 're Publication Risk']
['defamation' 'common Law'] ['permanent Injunction' 'defamatory Imputations' 'internet Publication' 'freedom of Speech' 're Publication Risk']

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Procedural Posture

Defamation / Final Judgment (principal Judgment, Post Interlocutory)

Legal Issues

  1. 1 ['Whether permanent injunction should be granted against further publication of specified and similar defamatory imputations' 'Whether the publications and imputations are defamatory of the plaintiffs' 'Risk of republication justifying injunctive relief']

Ratio Decidendi

Given the repeated, scandalous, and baseless defamatory publications by the defendant, the failure to defend or justify the publications, and the substantial and ongoing risk of republication, a permanent injunction restraining the defendant from further publication of the specified material and similar defamatory matter concerning the plaintiffs is warranted, together with an order for costs.

Court Disposition

Permanent injunction granted; defendant ordered to pay plaintiffs' costs and interest on costs.

Orders

  • ['The defendant is permanently restrained from publishing the specified articles, tweets, emails, videos, clips, and blogs listed in the orders.' 'The defendant is permanently restrained from publishing any matter of and concerning the plaintiffs to the same effect as those publications or imputations specified in...