Prothonotary of the Supreme Court of New South Wales v Shane Dowling [2017] NSWSC 664

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Shane Dowling [2017] NSWSC 664 Hearing dates: 4 May 2017 Date of orders: 29 May 2017 Decision date: 03 August 2017 Jurisdiction: Common Law Before: Wilson J Decision: (1) It is declared that the defendant is guilty of contempt of the Supreme Court of New South Wales in that on 3 February 2017, the defendant, in open court before a Registrar, made allegations (which are detailed in the Particulars Document) about the Registrar and a judge of the Supreme Court of New South Wales.

(2) It is declared that the defendant is guilty of contempt of the Supreme Court of New South Wales in that on and from 5 February 2017, the defendant, in contravention of order 1 made by his Honour Justice Beech-Jones on 3 February 2017, wilfully disclosed the contents of Exhibit 1, as marked by his Honour on 3 February 2017, to persons other than parties without leave of the Court.

(3) It is declared that the defendant is guilty of contempt of the Supreme Court of New South Wales in that on and from 5 February 2017, the defendant, in contravention of order 2 made by his Honour Justice Beech-Jones on 3 February 2017, wilfully published:

(a) the content of the allegations that the defendant made before a Registrar in open court on 3 February 2017;

(b) that a Registrar and a judge of the Supreme Court of New South Wales were the subject of the allegations; and

(c) that the allegations were made. Catchwords: CIVIL LAW – contempt – contempt in the face of the court – contumacious contempt – question of whether a freedom of political comment provides a defence – no such defence held to exist – defendant found guilty of contempt Legislation Cited: Vagrants, Gaming and Other Offences Act 1931 (QLD) Cases Cited: Australasian Meat Industry Employees' Union and Others v Mudginberri Station Proprietary Limited (1986) 161 CLR 98 Coleman v Power (2004) 220 CLR 1; [2004] HCA 39 Hogan v Hinch (2011) 243 CLR 506 John Fairfax Publications Pty Ltd v Attorney-General (NSW) (2000) 181 ALR 694 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 Levy v Victoria (1997) 189 CLR 579 Lewis v Ogden (1984) 153 CLR 682; [1984] HCA 26 Mahaffy v Mahaffy [2013] NSWSC 245 McCloy v New South Wales (2015) 257 CLR 178 Rumble v Liverpool Plains Shire Council (2015) 90 NSWLR 506 State of NSW v Kable (2013) 252 CLR 118 Unions NSW v New South Wales (2013) 252 CLR 530 Witham v Holloway (1995) 183 CLR 525 Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales – Plaintiff Shane Dowling – Defendant Representation: Counsel: Mr D Kell SC with Ms A Mitchelmore – Plaintiff Shane Dowling – in person – Defendant