Capilano Honey Ltd v Dowling (No 2) [2018] NSWSC 865

Supreme Court New South Wales

Medium Neutral Citation: Capilano Honey Ltd v Dowling (No 2) [2018] NSWSC 865 Hearing dates: 6, 19 April 2018 Decision date: 08 June 2018 Jurisdiction: Common Law Before: McCallum J Decision: The defendant's application to have the proceedings dismissed for want of prosecution is dismissed; I vacate order 1 made by Hall J on 7 October 2016 extended by Davies J on 10 October 2016; I vacate orders 2 to 8 made by Hall J on 7 October 2016; I vacate order 4 made by Davies J on 10 October 2016 Catchwords: PROCEDURE – application to have proceedings dismissed for want of prosecution – where plaintiffs took no steps in proceedings after obtaining urgent ex parte injunctions and suppression orders – relevance of plaintiffs' delay – application for review of suppression orders – whether necessary in aid of injunctions – whether injunctions should be dissolved – consideration of test in Brimaud v Honeysett Instant Print – where orders obtained on short notice in absence of defendant – appropriateness of revisiting orders after period of delay Cases Cited: ABC v O'Neill (2006) 227 CLR 57; [2006] HCA 46 AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2010] NSWSC 1395 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Capilano Honey Ltd v Dowling (No 2) [2018] NSWSC 407 Capilano Honey Ltd v Dowling [2016] NSWSC 1441 Doe v Dowling [2017] NSWSC 1793 Jane Doe 1 and Jane Doe 2 v Dowling (No 2) [2016] NSWSC 1910 Liu v The Age Company Ltd [2016] NSWCA 115 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Templar v Watt [2014] NSWSC 937 Category: Procedural and other rulings Parties: Capilano Honey Ltd (first plaintiff) Ben McKee (second plaintiff) Shane Dowling (defendant) Representation: Counsel: ATS Dawson SC, M Cowden (plaintiffs) Defendant self-represented