Ferguson v Dallow (No 4)

The matter before the court was an application by Mr Ferguson, the applicant, seeking a declaration that Mr Dallow, the respondent, be found guilty of further charges of contempt of court. The dispute arose out of a defamation proceeding where a permanent injunction was issued. Mr Dallow was alleged to have intentionally disobeyed the injunction by publishing an online video. The video contained assertions that the court was not independent of the executive and parliamentary branches of government and acted to protect politicians and cover up allegations of misconduct. The court was required to determine whether Mr Dallow's actions amounted to contempt of court under the relevant legislation.

The court considered whether the publication of the video constituted intentional disobedience of the permanent injunction and whether it amounted to scandalising the court and lowering its authority. The court found that the video contained assertions that the court was not independent and acted to protect politicians, which was a clear attempt to undermine the authority of the court. The court held that the respondent's actions were intentional and amounted to contempt of court. The court also found that the publication of the video was intended to interfere with the administration of justice and lower the authority of the court in the eyes of the public.

The court made a declaration that Mr Dallow was guilty of two further charges of contempt of court. The court listed the applicant's interlocutory application for a hearing on penalty and costs on 24 May 2021 at 10:15 am. The court did not make any orders for penalty or costs at this stage, as it was to be determined at the hearing. The court's decision was based on the evidence presented and the relevant legislation. The court emphasised the importance of upholding the authority of the court and protecting the administration of justice.