Justine Munsie & Anor v Shane Dowling [2014] NSWSC 962

Justine Munsie & Anor v Shane Dowling [2014] NSWSC 962

The defendant was aware of the suppression order and its scope, and wilfully published material in breach of that order on the internet and by email during its operation. His conduct was deliberate, not accidental or unintentional, and therefore constituted contempt of court.

Parties
First Plaintiff: Justine Munsie; Second Plaintiff: Kerry Stokes; Defendant: Shane Dowling
Jurisdiction
Australia
Judgment Date
22 July 2014
Procedural Posture
Civil / Judgment on Contempt Application
Outcome
Defendant declared in contempt of Court for breach of suppression orders of 14 April 2014.
Legal Topics
Civil Contempt, Suppression Orders, Publication in Breach of Order
Procedure Contempt of Court Civil Contempt Suppression Orders Publication in Breach of Order

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Parties

Justine Munsie

First Plaintiff

Kerry Stokes

Second Plaintiff

Shane Dowling

Defendant

Procedural Posture

Civil / Judgment on Contempt Application

Legal Issues

  1. 1 Whether the defendant, Shane Dowling, was in contempt of court by breaching a suppression order through publication online and via email

Ratio Decidendi

The defendant was aware of the suppression order and its scope, and wilfully published material in breach of that order on the internet and by email during its operation. His conduct was deliberate, not accidental or unintentional, and therefore constituted contempt of court.

Court Disposition

Defendant declared in contempt of Court for breach of suppression orders of 14 April 2014.

Orders

  • It is declared that the defendant was in contempt of Court for breach of the orders of the Court made in these proceedings on Monday, 14 April 2014 pursuant to the Statement of Charge subscribed to the Notice of Motion filed 17 April 2014.