Smolin v Dailymail.com Australia Pty Ltd [2024] NSWDC 433

District Court New South Wales

Medium Neutral Citation: Smolin v Dailymail.com Australia Pty Ltd [2024] NSWDC 433 Hearing dates: 13 September 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The interim order of 13 September 2024 made pursuant to the Court Suppression and Non-publication Orders Act 2010 (NSW) on 13 September 2024 is vacated and the plaintiff's application for its continuation (other than in the form of the order sought by the defendants, as set out in paragraphs (3) – (4) below) is refused. (2) The defendants are released from their Hearne v Street obligations (Hearne v Street (2008) 235 CLR 125) in relation to the e-book "Sexual Chronicles of a Psychopath" for the purpose of providing it to an officer or officers of the New South Wales Police Force and/or the Queensland Police Service, for the purpose of reporting possible criminal conduct by the plaintiff. (3) Other than for the purposes referred to in order 2 above, pursuant to s 7, and on the grounds provided for by s 8(1)(a) and/or (e) of the Court Suppression and Non-publication Orders Act 2010 (NSW), the following information is not to be published: (a) The names of any of the women referred to in the 305-page PDF e-book file titled "Seduction Chronicles of a Psychopath" (Exhibit B); and (b) The photographs of women published in the 305-page PDF e-book file titled "Seduction Chronicles of a Psychopath". (4) This order is to have effect throughout the Commonwealth of Australia and is to expire on 19 September 2034. (5) The plaintiff is to pay the defendants' costs of these applications. (6) Exhibits retained until further order, save for Exhibit B, which is returned to the defendants' custody. Catchwords: TORT – defamation – plaintiff brings proceedings after he is named by the defendants as the author of an e-book "Seduction Chronicles of a Psychopath" - defendants plead justification based on the e-book extracts in their possession and issue a subpoena to obtain a full copy – e-book provided in response to subpoena to third party - parties agree to settlement subject to the defendants seeking leave to be released of their Hearne v Street obligations to enable them to provide the e-book to NSW and Queensland police – defendants released from Hearne v Street obligations – limited non-publication order sought by defendants under the Court Suppression and Non-publication Orders Act 2010 (NSW) granted but wider non-publication order sought by plaintiff refused. Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Cases Cited: Advertiser Newspapers Pty Ltd v Penhall (2021) 139 SASR 252; [2021] SASCA 76 Alcoa of Australia Ltd v Apache Energy Ltd (No 6) [2014] WASC 287 BUSB v The Queen (2011) 80 NSWLR 170; [2011] NSWCCA 39 Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10 Glencore Coal Pty Limited v Franks (2021) 284 FCR 622; [2021] FCAFC 61 Hearne v Street (2008) 235 CLR 125 Hogan v Hinch (2011) 243 CLR 506 John Fairfax Publications Pty Ltd v District Court of New South Wales (2004) 61 NSWLR 344 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3 McJannett v Daley [No 2] [2012] WASC 386 (S) Moage Ltd (in liq) v Jagelman [2002] NSWSC 953 Nationwide News Pty Ltd v Qaumi [2016] 93 NSWLR 384 News Digital Media Pty Ltd v Mokbel [2010] 30 VR 248 North East Equity Pty Ltd v Goldenwest Equities Pty Ltd [2008] WASC 190 Price v ClearView Life Nominees Pty Ltd [2024] NSWSC 706 Prime Finance Pty Ltd v Randall [2009] NSWSC 361 Rinehart v Welker (2011) 93 NSWLR 311 Springfield Nominees Pty Ltd v Bridgeland Securities Ltd (1992) 38 FCR 217 Treasury Wine Estates Limited v Maurice Blackburn Pty Ltd (2020) 282 FCR 95 Trkulja v Google LLC (2018) 263 CLR 149; [2018] HCA 25 Texts Cited: Victoria Legislative Assembly, Parliamentary Debates (Hansard), 28 May 2024 at 1834 Category: Procedural rulings Parties: Anton Smolin (Plaintiff) Dailymail.Com Australia Pty Ltd (Defendant) Tita Smith (Defendant) Representation: Counsel: Mr C Parkin (Plaintiff) Mr N Olson (Defendants)