NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Zaia v Eshow [2019] NSWSC 740 Hearing dates: 5 February 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Common Law Before: Fagan J Decision: Declaration that contempt of court committed by defendant. Catchwords: PROCEDURE – contempt – injunction to restrain further publication of defamatory material – criminal contempt – closed period of criminal breach of injunction alleged – whether wilful and contumacious – where defendant bankrupt – no penalty sought by plaintiff – criminal contempt found Cases Cited: Anderson v Hassett [2007] NSWSC 1310 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46 Commonwealth Bank of Australia v Salvato (No 4) [2014] NSWSC 321 Hinch v Attorney-General (Vic) (1987) 164 CLR 15; [1987] HCA 56 Hockey v Fairfax Media Publications Pty Ltd (2015) 237 FCR 33; [2015] FCA 652 NAB Ltd v Juric [2001 VSC 375 Srotyr v Clissold [2015] NSWSC 1770 Witham v Holloway (1995) 183 CLR 525 Zaia v Eshow [2017] NSWSC 1540 ZXC v YPOL Pty Ltd [2018] NSWCA 306 Category: Principal judgment Parties: Mar Meelis Zaia (plaintiff) Sargon Eshow (defendant) Representation: Counsel: K Smark SC with M Richardson (plaintiff) Sargon Eshow (self-represented defendant)
Solicitors: David Legal (plaintiff) Sargon Eshow (self-represented defendant) File Number(s): 2016/96912 Publication restriction: No
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