Seven Network (Operations) Ltd v Dowling (No 2) [2021] NSWSC 1106

Supreme Court New South Wales

Medium Neutral Citation: Seven Network (Operations) Ltd v Dowling (No 2) [2021] NSWSC 1106 Hearing dates: 13 August 2021 Date of orders: 3 September 2021 Decision date: 03 September 2021 Jurisdiction: Equity Before: Rees J Decision: Commit the contemnor to prison for ten months. Catchwords: CONTEMPT – criminal contempt – sentencing – principles at [2]-[12] – contemnor prosecuted for three earlier contempts for publications on his website – contemnor then established anonymous website and published blog containing plaintiffs' confidential information – orders made to take down blog – orders served on contemnor – blog not removed until plaintiff acquired anonymous website through WIPO proceedings – contemnor then established second anonymous website and continued to publish blog – plaintiffs put to considerable cost in proving contemnor was responsible for anonymous websites, including expert witness – contemnor motivated by animus against plaintiffs and wish to portray himself as a "journalist" – no remorse – used such proceedings to promote himself and seek donations – high risk of re-offending – need for personal deterrence high – imprisonment of 10 months appropriate. Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Supreme Court Rules 1970 (NSW) Pt 55 r 13 Cases Cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46 Australian Securities and Investments Commission v Matthews [2009] NSWSC 285; (2009) 71 ACSR 279 Capilano Honey Ltd v Dowling (No 4) [2021] NSWSC 264 Commissioner for Fair Trading v Partridge [2006] NSWSC 478 Doe v Dowling [2017] NSWSC 1037 Doe v Dowling [2017] NSWSC 202 Doe v Dowling [2019] NSWSC 1222 Dowling v Prothonotary of the Supreme Court of New South Wales (2018) 99 NSWLR 229; [2018] NSWCA 340 Ferguson v Dallow (No 5) [2021] FCA 698 He v Sun [2021] NSWCA 95 Hinch v Attorney-General (Vic) [1987] VR 721 In the matter of Jimmy's Recipe Pty Ltd [2020] NSWSC 93 Kazal v Thunder Studios Inc (California) (2017) 256 FCR 90; [2017] FCAFC 111 Law Institute of Victoria v Nagle [2005] VSC 47 Munsie v Dowling (No 2) [2014] NSWSC 1042 Munsie v Dowling [2014] NSWSC 962 Porter v Australian Broadcasting Corporation [2021] FCA 863 Prothonotary of Supreme Court of New South Wales v Ceren [2016] NSWSC 1187 Prothonotary of the Supreme Court of New South Wales v Dowling [2018] NSWSC 1301 Prothonotary of the Supreme Court of New South Wales v Dowling [2017] NSWSC 664 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Seven Network (Operations) Ltd v Dowling [2018] NSWSC 1890 Seven Network (Operations) Ltd v Dowling [2021] NSWSC 726 Smith v The Queen (1991) 25 NSWLR 1 Street v Luna Park Sydney Pty Ltd [2009] NSWSC 767 Thunder Studios Inc (California) v Kazal (No 2) [2017] FCA 202 Wood v Galea (1996) 84 A Crim R 274 Wood v Galea (1997) 92 A Crim R 287 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Texts Cited: N Adams and B Baker, "Sentencing for Contempt of Court", National Judicial College of Australia and the Australian National University Sentencing Conference, 29 February 2020 Category: Sentence Parties: Seven Network (Operations) Ltd (First Plaintiff) Seven West Media Ltd (Second Plaintiff) Shane Dowling (Defendant) Representation: Counsel: Mr K Smark SC (Plaintiffs) No appearance (Defendant)