Capilano Honey Ltd v Dowling [2016] NSWSC 1441

Supreme Court New South Wales

Medium Neutral Citation: Capilano Honey Ltd v Dowling [2016] NSWSC 1441 Hearing dates: 10 October 2016 Date of orders: 10 October 2016 Decision date: 10 October 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. Grant leave to file notice of motion dated 10 October 2016 returnable instanter. 2. Grant leave to file the affidavit of Richard Michael Keegan dated 10 October 2016. 3. Extend Order 1 made by his Honour Justice Hall on 7 October 2016 until further order. 4. Upon the usual undertaking as to damages given by the Plaintiffs: a) Until further order of the Court, the Defendant immediately remove or cause to be removed from the website with the URL http://kangaroocourtofaustralia.com/, the 9 October Article as defined in the affidavit of Richard Michael Keegan sworn 10 October 2016 being the publication by the Defendant on or about 9 October 2016 and any subsequent comments published by the Defendant on that publication, a copy of which is pages 7-15 of Confidential Exhibit RMK-1 of the affidavit of Richard Michael Keegan sworn 10 October 2016. 5. The Plaintiffs are to serve the Defendant by email (shanedowling@hotmail.com, shanedowling@outlook.com.au) by 8pm 10 October 2016, with copies of the following: a) The affidavit of Richard Michael Keegan sworn 10 October 2016; b) The notice of motion; c) These orders. 6. Liberty to apply on 2 days' notice. 7. Costs reserved. 8. Orders to be made forthwith. 9. Sequestration notice under r 40.7 to form part of the orders of the Court. Catchwords: INJUNCTIONS – ex parte injunction – where defendant had notice of application – injurious falsehood – defamation – mandatory injunction to remove material from website – earlier orders not complied with – further publication in breach of earlier orders