Capilano Honey Ltd v Dowling

The plaintiff, Capilano Honey Ltd, sought an ex parte injunction against the defendant, Dowling, who had previously been ordered to remove defamatory and injurious content from his website. The Federal Court of Australia heard the matter. The plaintiff alleged that the defendant had not complied with earlier orders to remove the material, and that he had continued to publish defamatory content, causing ongoing harm to the plaintiff's business. The court was required to decide whether an injunction should be granted to compel the defendant to remove the content and to determine whether proceedings for contempt should be initiated for the defendant's failure to comply with the earlier orders.

The court found that the defendant had been served with the application for the injunction, and that he had not demonstrated any grounds for challenging the application. The court noted that the defendant had a history of non-compliance with court orders and that the continued publication of the defamatory content was causing ongoing harm to the plaintiff's business. The court held that an injunction was necessary to protect the plaintiff's rights and to prevent further harm. The court also found that the defendant's failure to comply with the earlier orders constituted contempt, and referred the matter to the registrar to consider proceedings for contempt.

The court granted the injunction, ordering the defendant to remove the defamatory content from his website within 28 days. The court also ordered the defendant to pay the plaintiff's costs of the application. The court emphasised the importance of complying with court orders and warned the defendant of the consequences of further non-compliance. The court's decision provides a clear warning to those who seek to defame others online, and underscores the courts' willingness to use their powers to protect individuals and businesses from harm.