NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Capilano Honey Ltd v Dowling (No 3) [2019] NSWSC 539 Hearing dates: 3 May 2019 Date of orders: 03 May 2019 Decision date: 13 May 2019 Before: Hoeben CJ at CL Decision: The orders which I make on the contempt motion are: (1) Leave to file the contempt motion in these proceedings is refused. (2) The defendant is to pay the costs of the respondents to the motion.
The orders which I make on the strike out motion are: (1) The following paragraphs of the Defence filed 13 July 2018 are struck out: 1-12, 16, 17, 20, 21, 24, 25, 28, 29, 32, 33, 36, 37, 40, 41, 44, 45, 48, 49, 52, 53, 56, 57, 60, 61 and 62. (2) The defendant is granted leave to file an Amended Defence within 28 days. (3) At this time I decline to make any order for discovery and interrogatories. (4) The defendant is to pay the plaintiffs' costs of the motion to strike out the Defence. Catchwords: PRACTICE AND PROCEDURE – recusal application based on apprehended bias – leave sought to rely on motion raising contempt – leave refused – application to strike out Defence – whether a reasonable defence was disclosed – whether parts of Defence had a tendency to cause prejudice, embarrassment or delay in the proceedings – failure to comply with UCPR – parts of Defence struck out – leave granted to file an Amended Defence. Legislation Cited: Defamation Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) – 14.28, 14.31-14.40, 15.21-15.30 Cases Cited: Capilano Honey Ltd v Dowling [2016] NSWSC 1441 Capilano Honey Ltd v Dowling (No 2) [2018] NSWSC 865 Capilano Honey Ltd v Dowling (No 2) [2018] NSWCA 217 Doe 1 v Dowling [2018] NSWSC 1278 Ebner v The Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Munsie v Dowling (No 4) [2015] NSWSC 37 Sims v Wran [1984] 1 NSWLR 317 Texts Cited: Nil Category: Procedural and other rulings Parties: Capilano Honey Ltd – First Plaintiff Ben McKee – Second Plaintiff Shane Dowling – Defendant Representation: Counsel: ATS Dawson SC – Plaintiffs Defendant in person PW Gray SC – Respondents to Notice of Motion
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate