Doe v Dowling [2017] NSWSC 1793

Supreme Court New South Wales

Medium Neutral Citation: Doe v Dowling [2017] NSWSC 1793 Hearing dates: 10, 13 March 2017 Date of orders: 19 December 2017 Decision date: 19 December 2017 Jurisdiction: Common Law Before: McCallum J Decision: Order 5 made by Walton J on 22 February 2017 continued until further order; non-publication orders made pursuant to s 7 of the Courts (Suppression and Non-Publication Orders) Act by Campbell J (order 4 made 21 December 2016) and Walton J (order 3 made 22 February 2017) confirmed Catchwords: DEFAMATION – interlocutory injunctions – where defamatory publication apparently indefensible – consideration of nature and quality of evidence required to show prospect of viable defence – defendant admittedly repeating unsubstantiated rumours from an unnamed source

NON-PUBLICATION ORDERS – where sought in aid of interlocutory injunctions to restrain apparently indefensible defamation – narrowness of orders sought – whether necessary in the public interest for the order to be made Legislation Cited: Courts (Suppression and Non-Publication Orders) Act 2010 (NSW), ss 7, 8(1)(e), 13 Defamation Act 2005 (NSW), ss 29, 30, 33 Sex Discrimination Act 1984 (Cth),s 92 Cases Cited: Allan v Migration Institute of Australia Ltd [2012] NSWSC 965 Austin v Mirror Newspapers Ltd (1985) 3 NSWLR 354 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Bissett v Deputy State Coroner [2011] NSWSC 1182; 83 NSWLR 144 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Church of Scientology of California Inc v Reader's Digest Services Pty Ltd [1980] 1 NSWLR 344 Fairfax Digital Australia and New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Jane Doe 1 and Jane Doe 2 v Dowling [2016] NSWSC 1909 Jane Doe 1 and Jane Doe 2 v Dowling (No 2) [2016] NSWSC 1910 Jane Doe 1 v Dowling (No 3) [2017] NSWSC 126 Jane Doe 1 v Dowling (No 5) (Supreme Court (NSW), Fagan J, 10 February 2017, unrep) National Mutual Life Association of Australasia Ltd v GTV Corporation Pty Ltd [1989] VR 747 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Category: Principal judgment Parties: Jane Doe 1 (first plaintiff) Jane Doe 2 (second plaintiff) Jane Doe 3 (third plaintiff) Jane Doe 4 (fourth plaintiff) Shane Dowling (defendant) Representation: Counsel: K Smark (plaintiffs) Defendant self-represented