Seven Network (Operations) Ltd v Dowling [2021] NSWSC 726

Supreme Court New South Wales

Medium Neutral Citation: Seven Network (Operations) Ltd v Dowling [2021] NSWSC 726 Hearing dates: 1 and 2 February 2021; last submissions received 23 February 2021 Date of orders: 21 June 2021 Decision date: 21 June 2021 Jurisdiction: Equity Before: Rees J Decision: Defendant found guilty of contempt. Catchwords: COURTS AND JUDGES – apprehended bias – application for recusal – applicant published disparaging statements about judge and other judges of the court – statement by applicant about judges did not lead to apprehension that presiding judge may decide the case other than on its merits – judge determined earlier motion – principles at [12]-[18] – earlier motion on different subject matter – applicant did not give evidence – no findings of fact – no credit findings – no matter determined on a final basis – application refused. CIVIL PROCEDURE – transfer of proceedings for apprehended bias – principles at [25] – application previously made – no change in circumstances since earlier application – Court should determine charge of contempt of its orders – application refused. CONTEMPT – criminal contempt – orders restraining publication of text messages and blog – order to remove blog from website – orders served on publisher of website – blog continued to be published – evidence established that defendant was publisher of the website – criminal contempt proved. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 10.14 Cases Cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46 Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411 Barakat v Goritsas (No 2) [2012] NSWCA 36 British American Tobacco Australia Services Ltd v Cowell (2002) 7 VR 524; [2002] VSCA 197 Capilano Honey Ltd v Mulvany (No 3) [2018] NSWSC 767 Chamoun v District Court of New South Wales [2018] NSWCA 187 Commonwealth Bank of Australia v Salvato (No 4) [2013] NSWSC 321 Doe v Dowling [2017] NSWSC 1793 Doe v Dowling [2017] NSWSC 202 Doe v Dowling [2019] NSWSC 1222 Dowling v Seven Network (Operations) Ltd; Dowling v Capilano Honey Ltd; Dowling v Jane [2019] HCASL 311 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322 Furlong v Wise & Young [2019] NSWSC 1718 Green v The Queen (1971) 126 CLR 28; [1971] HCA 55 Hills Shire Council v Mouawad [2014] NSWLEC 59; (2014) 203 LGERA 233 In the matter of Jimmy's Recipe Pty Ltd [2020] NSWSC 93 Kirby v Centro Properties Ltd (No 2) (2011) 202 FCR 439; [2011] FCA 1144 Lunn v The Commissioner for Public Employment [2009] NSWSC 19 McLean v Nicholson [2002] VSC 446 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046 News Digital Media Pty Ltd v Mokbel (2010) 30 VR 248; [2010] VSCA 51 Nominal Defendant v Manning (2000) 50 NSWLR 139; [2000] NSWCA 80 O'Connor v Nationwide News Pty Ltd (1995) 128 FLR 61 Prothonotary of the Supreme Court of New South Wales v Dowling [2017] NSWSC 392 R v Chatzidimitriou (2000) 1 VR 493; [2000] VSCA 91 R v Dookheea (2017) 262 CLR 402; [2017] HCA 36 R v Hinch [2013] VSC 520 RPS v The Queen (2000) 199 CLR 620; [2000] HCA 3 Seven Network (Operations) Ltd v Dowling [2018] NSWSC 1890 Seven Network (Operations) Ltd v Dowling [2019] NSWSC 1760 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Trustees of the Christian Brothers v Cardone (1995) 57 FCR 327 Category: Principal judgment Parties: Seven Network (Operations) Ltd (First Plaintiff) Seven West Media Ltd (Second Plaintiff) Shane Dowling (Defendant) Representation: Counsel: Mr K Smark SC (Plaintiffs) Defendant (Self Represented)