Munsie v Dowling (No 2) [2014] NSWSC 1042

The defendant's conduct constituted a contumacious contempt through deliberate breach of a suppression order, indicating disregard for the authority of the court, and justifies the imposition of a fine and an indemnity costs order to vindicate judicial authority and deter similar conduct.

Parties: First Plaintiff: Justine Munsie; Second Plaintiff: Kerry Stokes; Defendant: Shane Dowling
Jurisdiction: Australia
Judgment Date: 31 July 2014
Procedural Posture: Contempt of Court / Penalty and Costs Determination
Outcome: Fine and indemnity costs awarded against defendant for contempt of court.
Legal Topics: Contempt of Court, Suppression Orders, Penalty, Costs

Common Law Contempt of Court Suppression Orders Penalty Costs

Case Brief

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Parties

Justine Munsie

First Plaintiff

Kerry Stokes

Second Plaintiff

Shane Dowling

Defendant

Procedural Posture

Contempt of Court / Penalty and Costs Determination

Legal Issues

1 What is the appropriate penalty for contempt of court involving publication contrary to a suppression order?
2 Should the defendant be ordered to pay the plaintiffs' costs on an indemnity basis?

Ratio Decidendi

Court Disposition

Fine and indemnity costs awarded against defendant for contempt of court.

Orders

The defendant pay a fine of $2,000.
The defendant pay the plaintiffs' costs of the contempt proceedings on an indemnity basis, to be assessed and payable forthwith.