Munsie v Dowling [2014] NSWSC 458

Supreme Court New South Wales

Medium Neutral Citation: Munsie v Dowling [2014] NSWSC 458 Hearing dates: 17 April 2014 Decision date: 24 April 2014 Before: Harrison J Decision: 1. Decline to make orders 4 and 5 in the plaintiffs' notice of motion filed in Court on 17 April 2014. 2. Stand over the balance of the plaintiffs' notice of motion to 10am on Friday 16 May 2014 before the Duty Judge for directions. 3. Note that the plaintiffs' evidence in support of the contempt application is complete. 4. Direct that any evidence upon which Mr Dowling seeks to rely in response to the Statement of Charge should be filed and served by no later than 4pm Thursday 15 May 2014. 5. Order that the costs of the plaintiffs' application before me be costs in the proceedings. Catchwords: INJUNCTION - defamation - interlocutory relief - whether threatened publication abuse of process or obstruction of the due administration of justice - whether threat of publication should be restrained as contempt of court Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Proceeds of Crime Act 2002 Cases Cited: ABC v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Hubbard v Vosper [1972] 2 QB 84 at 96; [1972] 1 All ER 1023 Resolute Ltd v Warnes [2000] WASCA 359 Seven Network Ltd v News Ltd [2007] FCA 1062 Y and Z v W [2007] NSWCA 329; (2007) 70 NSWLR 377 Category: Procedural and other rulings Parties: Justine Munsie and Kerry Stokes (Plaintiffs) Shane Dowling (Defendant) Representation: Counsel: A S Dawson (Plaintiffs) Solicitors: Addisons (Plaintiffs) File Number(s): 2014/114469 Publication restriction: Nil