Tate v Duncan-Strelec [2013] NSWSC 1446

Tate v Duncan-Strelec [2013] NSWSC 1446

The Court found there was a serious question to be tried regarding whether the defendant published defamatory material and committed contempt by publishing protected documents and material seeking reprisal or scandalising the court. The balance of convenience and risk of irreparable harm to the plaintiff's reputation justified granting an interlocutory injunction, specifically in relation to ceasing publication of the website and the forestry bond document.

Parties
Plaintiff: Thomas Richard Tate; Defendant: Amanda Duncan-Strelec
Jurisdiction
Australia
Judgment Date
27 September 2013
Procedural Posture
Interlocutory Application / Interlocutory (application for Injunction and Contempt)
Outcome
Interlocutory mandatory injunction granted. Further directions made. Costs reserved.
Legal Topics
Interlocutory Injunctions, Defamatory Material, Implied Undertaking, Scandalising the Court
Equity Defamation Contempt of Court Interlocutory Injunctions Defamatory Material Implied Undertaking Scandalising the Court

Case Brief

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Parties

Thomas Richard Tate

Plaintiff

Amanda Duncan-Strelec

Defendant

Procedural Posture

Interlocutory Application / Interlocutory (application for Injunction and Contempt)

Legal Issues

  1. 1 Whether interlocutory injunction should be granted restraining the publication of allegedly defamatory material
  2. 2 Whether the defendant is in contempt for breaching the implied undertaking by publishing court documents
  3. 3 Whether publishing material seeking reprisal or scandalising the court amounts to contempt

Ratio Decidendi

The Court found there was a serious question to be tried regarding whether the defendant published defamatory material and committed contempt by publishing protected documents and material seeking reprisal or scandalising the court. The balance of convenience and risk of irreparable harm to the plaintiff's reputation justified granting an interlocutory injunction, specifically in relation to ceasing publication of the website and the forestry bond document.

Court Disposition

Interlocutory mandatory injunction granted. Further directions made. Costs reserved.

Orders

  • Until further order, defendant to immediately cease publication of webpages at http://www.tomtatescam.com.
  • Until further order, defendant must not publish the forestry bond identified by certificate number 002, comprising page 3 of the specified facsimile.