Tate v Duncan-Strelec [2019] NSWSC 1383

Tate v Duncan-Strelec [2019] NSWSC 1383

The Defendant, beyond reasonable doubt, published the Reprobate Website and Go Fund Me Campaign with contents calculated to exact reprisal against the Plaintiff for prior litigation and costs, and with the aim of lowering the authority of the Court and judges in a manner that impaired public confidence; as such, her conduct constituted contempt by reprisal and contempt by scandalising the Court.

Parties
Plaintiff: Thomas Richard Tate; Defendant: Amanda Duncan-Strelec
Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Contempt Proceedings / Final Judgment
Outcome
Defendant found guilty of four charges of contempt of court; final relief, including permanent injunctions, granted to Plaintiff; penalty hearing to follow.
Legal Topics
Contempt of Court, Scandalising the Court, Injunctions, Reprisals After Litigation
Equity Contempt of Court Scandalising the Court Injunctions Reprisals After Litigation

Case Brief

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Parties

Thomas Richard Tate

Plaintiff

Amanda Duncan-Strelec

Defendant

Procedural Posture

Contempt Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the Defendant is responsible for the publication of specified websites (Reprobate Website, Go Fund Me Website)
  2. 2 Whether the publications constitute contempt by reprisal against the Plaintiff
  3. 3 Whether the publications constitute contempt by scandalising the Court

Ratio Decidendi

The Defendant, beyond reasonable doubt, published the Reprobate Website and Go Fund Me Campaign with contents calculated to exact reprisal against the Plaintiff for prior litigation and costs, and with the aim of lowering the authority of the Court and judges in a manner that impaired public confidence; as such, her conduct constituted contempt by reprisal and contempt by scandalising the Court.

Court Disposition

Defendant found guilty of four charges of contempt of court; final relief, including permanent injunctions, granted to Plaintiff; penalty hearing to follow.

Orders

  • Defendant guilty of four charges of contempt
  • Permanent injunctions against Defendant to follow pending further directions hearing