Capilano Honey Ltd v Dowling [2016] NSWSC 1441

Capilano Honey Ltd v Dowling [2016] NSWSC 1441

The defendant failed to comply with court orders requiring removal of specified articles and material from his website; further publication breached suppression and mandatory injunction orders, justifying extension and renewal of injunctions, mandatory removal, and referral for contempt proceedings.

Parties
First Plaintiff: Capilano Honey Ltd; Second Plaintiff: Ben McKee; Defendant: Shane Dowling
Jurisdiction
Australia
Judgment Date
10 October 2016
Procedural Posture
Injunction (ex Parte and Further Orders), Contempt Referral / Interlocutory Hearing, Orders Made
Outcome
Mandatory injunction granted; leave to file motion and affidavits; extension of previous order; restraint and removal of articles; service by email allowed; referral to registrar for contempt; costs reserved; liberty to apply.
Legal Topics
Ex Parte Injunction, Mandatory Injunction, Suppression Order, Publication Removal, Service by Email, Contempt Referral
Civil Procedure Defamation Injurious Falsehood Contempt of Court Ex Parte Injunction Mandatory Injunction Suppression Order Publication Removal +2 more

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Parties

Capilano Honey Ltd

First Plaintiff

Ben McKee

Second Plaintiff

Shane Dowling

Defendant

Procedural Posture

Injunction (ex Parte and Further Orders), Contempt Referral / Interlocutory Hearing, Orders Made

Legal Issues

  1. 1 Whether the defendant complied with earlier court orders to remove articles from a website
  2. 2 Whether further publication breached suppression and removal orders
  3. 3 Whether an injunction should be granted to remove offending material

Ratio Decidendi

The defendant failed to comply with court orders requiring removal of specified articles and material from his website; further publication breached suppression and mandatory injunction orders, justifying extension and renewal of injunctions, mandatory removal, and referral for contempt proceedings.

Court Disposition

Mandatory injunction granted; leave to file motion and affidavits; extension of previous order; restraint and removal of articles; service by email allowed; referral to registrar for contempt; costs reserved; liberty to apply.

Orders

  • Grant leave to file notice of motion dated 10 October 2016 returnable instanter.
  • Grant leave to file the affidavit of Richard Michael Keegan dated 10 October 2016.