Munsie v Dowling [2014] NSWSC 598

Supreme Court New South Wales

Medium Neutral Citation: Munsie v Dowling [2014] NSWSC 598 Hearing dates: 8 May 2014 Decision date: 16 May 2014 Jurisdiction: Common Law Before: Hall J Decision: (1) The defendant be restrained, until further order, from publishing: (a) The Article and the Twitter Publication respectively identified in Exhibits JMM-1 and JMM-6 to the affidavit of Justine Melissa Munsie sworn 14 April 2014); (b) The alleged imputations set out in the Statement of Claim filed herein on 15 April 2014; (c) Any matter of and concerning the plaintiffs to the same effect as the Article, the Twitter Publication referred to in order 1(a) or the alleged imputations referred to in Order 1(b). (2) The question of costs of the Notice of Motion is reserved. Catchwords: PRACTICE AND PROCEDURE - interlocutory relief - injunction - previous application for injunctive relief no bar to subsequent application on different ground - relevant principles in granting interlocutory injunctive relief in defamation proceeding - defendant restrained until further order from publishing the Article and Twitter publication - defendant restrained until further order from publishing the imputations set out in the statement of claim - defendant restrained until further order from publishing any matter of and concerning the plaintiffs to the same effect as the Article, the Twitter publication or the imputations - costs reserved Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Church of Scientology of California Inc. v Readers Digest Services Pty Ltd (1980) 1 NSWLR 344 Jakudo Pty Ltd v South Australian Telecasters Limited (1997) 69 SASR 440 Munsie v Dowling [2014] NSWSC 548 Tate v Duncan-Strelec [2013] NSWSC 1446 Y and Z v W [2007] NSWCA 329; (2007) 70 NSWLR 377 Category: Interlocutory applications Parties: Justine Munsie (First Plaintiff) Kerry Stokes (Second Plaintiff) Shane Dowling (Defendant) Representation: Counsel: ATS Dawson (Plaintiffs) In person (Defendant) Solicitors: Addisons (Plaintiffs) In Person (Defendant) File Number(s): 2014/114469