Capilano Honey Ltd v Dowling (No 2) [2020] NSWSC 661

Supreme Court New South Wales

Medium Neutral Citation: Capilano Honey Ltd v Dowling (No 2) [2020] NSWSC 661 Hearing dates: 25, 26, 27 & 28 May 2020 Date of orders: 25 May 2020 Decision date: 25 May 2020 Jurisdiction: Common Law Before: Button J Decision: Defendant's application to transfer proceedings to Queensland refused. Catchwords: PROCEDURE – whether to transfer proceedings to Queensland – interests of justice – application made on first day of hearing Category: Procedural and other rulings Parties: Capilano Honey Ltd (First Plaintiff) Ben McKee (Second Plaintiff) Shane Dowling (Defendant) Representation: Counsel: M Cowden (Plaintiff) Self-represented Defendant

Solicitors: Addisons (Plaintiff) File Number(s): 2016/299522

EX TEMPORE JUDGMENT – REVISED

Application to transfer hearing to Queensland 1. Mr Dowling is the defendant in these defamation and injurious falsehood proceedings. It is submitted that they should be transferred to Queensland. 2. He has made the point that he lives up there now and it seems that Capilano Honey (the corporate plaintiff) is based there, and perhaps the plaintiff who is a natural person as well. 3. He has spoken of having sought this in the past from Sackar J and being refused. He has also explained that he moved to Queensland quite recently, towards the end of last year. He has also submitted that he just cannot get a fair trial in New South Wales, because of all the negative interactions that he has had with other Supreme Court judges. He has also submitted that, if he were to fail in these proceedings, he would like to appeal, he is impecunious, he would seek a waiver of fees, and he knows from experience that he is not granted waivers anymore in New South Wales.