Seven Network (Operations) Limited v Dowling [2019] NSWSC 1760

Supreme Court New South Wales

Medium Neutral Citation: Seven Network (Operations) Limited v Dowling [2019] NSWSC 1760 Hearing dates: 2 and 3 December 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Equity Before: Kunc J Decision: Second application to recuse denied; Cross-vesting of plaintiff's contempt action refused; Adjournment pending determination of defendant's legal aid application granted; Defendant's contempt motion stayed pending provision of properly particularised statement of charge Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to other Supreme Court — Public policy that contempt should be determined by court whose orders allegedly breached

CIVIL PROCEDURE — Hearings — Adjournment — Belated application by defendant for adjournment of contempt hearing pending determination of application for legal aid

CIVIL PROCEDURE — Judges — Actual or apprehended bias — Apprehended — Second application — No new facts or facts that could not have been discovered with reasonable diligence at time of first application

CONTEMPT — Procedure — Requirement for statement of charge to be drawn with specificity Legislation Cited: Jurisdiction of Court (Cross-Vesting) Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Capilano Honey Ltd v Mulvany (Number 3) [2018] NSWSC 767 Doe v Dowling [2017] NSWSC 1037 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Matthews v Australian Security and Investments Commission [2009] NSWCA 155 R v Warwick (No 64) [2019] NSWSC 163 Seven Network (Operations) Ltd v Dowling [2019] NSWSC 1173 Seven Network (Operations) Limited v Dowling [2018] NSWSC 1890 Category: Procedural and other rulings Parties: Seven Network (Operations) Limited (ABN 65 025 845 262) (First Plaintiff)