Capilano Honey Ltd v Dowling (No 1) [2018] NSWCA 128

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Capilano Honey Ltd v Dowling (No 1) [2018] NSWCA 128 Hearing dates: 15 June 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Before: Basten JA Decision: (1) Stay the operation of orders 2, 3 and 4 made and entered by McCallum J on 8 June 2018 until the determination of the proceedings in this Court. (2) Direct that the application for leave to appeal and the proposed appeal be heard concurrently. (3) Order that the costs of this motion be costs in the application for leave to appeal or, if leave be granted, the appeal. (4) Direct that a timetable be fixed in relation to the summons, which is listed before the Registrar on Monday 25 June, that will accommodate a concurrent hearing in late July 2018. Catchwords: CIVIL PROCEDURE – appeal – stay of orders – brief stay granted by primary judge – continuation of stay pending hearing of leave application and appeal – whether appeal entirely without merit – whether failure to grant stay would significantly diminish value of appeal – effect of stay on respondent's freedom of speech – whether stay futile Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [No 1] (1986) 161 CLR 681; [1986] HCA 84 Category: Procedural and other rulings Parties: Capilano Honey Limited (First Applicant) Ben McKee (Second Applicant) Shane Dowling (Respondent) Representation: Counsel: A T S Dawson SC (Applicants) Respondent self-represented