IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2013-404-005218 [2015] NZHC 2239
BETWEEN MATTHEW JOHN BLOMFIELD
Plaintiff
AND
CAMERON JOHN SLATER Defendant
Hearing: 23 July 2015 Appearances:
Plaintiff in person
Defendant in personJudgment:
17 September 2015
JUDGMENT OF ASHER J
This judgment was delivered by me on Thursday, 17 September 2015 at 5 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Copied to: Plaintiff. Defendant.
BLOMFIELD v SLATER [2015] NZHC 2239 [17 September 2015]
[1] In this long running defamation proceeding, the plaintiff Matthew Blomfield applies for an order that the defendant Cameron Slater be held in contempt of Court. It is claimed that Mr Slater has breached an undertaking to the Court and has breached the confidentiality of a settlement conference. Although he seeks no relief in his application, he asserted in his submissions that it would be appropriate for the Court to commit Mr Slater to a term of imprisonment. Mr Slater denies the contempt and in response seeks an order that an undertaking that he filed not to publish material relating to Mr Blomfield be revoked.
[2] The dispute has something of a history. The background facts to the defamation claim and the procedural steps up to 12 September 2014 are set out in a judgment of that date.1 In brief, Mr Slater is being sued for defamation by Mr Blomfield, originally in the District Court but now in the High Court following a transfer. The alleged defamation relates to 13 articles published on Mr Slater’s Whale Oil blog that refer to Mr Blomfield. One such blog post was entitled “Who really ripped off KidsCan?” It was alleged that business interests with which Mr Blomfield was associated had defrauded a charitable trust for children.
Mr Blomfield claims that the articles assert that he was a thief as well as dishonest, dishonourable, a party to fraud, involved in criminal conspiracy, bribery, deceit, perjury, conversion, the laying of false complaints, drug dealing and making pornography.
[3] Mr Slater admits publishing the articles in question, but says that they are not defamatory. He seeks to raise the defences of truth and honest opinion.
[4] When the matter was originally before the Manukau District Court, on
1 October 2012 at a conference before Judge Charles Blackie, Mr Slater’s counsel at
the time Mr Williams orally undertook:2
… that there would be no further publication concerning Mr Blomfield and/or his associates on the blog site or any other blog site under the control of Mr Slater or at the behest of Mr Slater, other than that might relate to information that is already in the public domain via a reputable media source, for example radio, television or radio or weekly newspapers.
1 Slater v Blomfield [2014] NZHC 2221, [2014] 3 NZLR 835 at [1]–[16].
2 Blomfield v Slater DC Manukau CIV-2012-092-001969, 1 October 2012 at [6].
[5] It was recorded by Judge Blackie in his minute that counsel had “indicated on behalf of his client”…
Continue reading Blomfield v Slater
Sign in free to access the full text
- AGLC
- Blomfield v Slater [2015] NZHC 2239
- Case
- [2015] NZHC 2239
- Decision Date
CaseChat Overview and Summary
The court held that the High Court has a common law jurisdiction to punish conduct which risks undermining the administration of justice. The rationale for punishing this type of contempt is that the rule of law depends on court orders being obeyed. There is no doubt that an undertaking by a person given to and recorded by the court has the same force as an injunction, and a breach can be a contempt of court. The court found that Slater had breached the undertaking in six instances, but the breaches were minor and not intended to offend. The breach of the confidentiality of the settlement conference was more serious and was the result of significant carelessness on Slater's part. The court held that those who commit contempt must be denounced, and that deterrence is an important consideration. However, the objective seriousness of the relevant conduct and the defendant's personal culpability for the conduct must be assessed. In accordance with ordinary sentencing principles a defendant's means and any personal aggravating or mitigating factors will be taken into account. The court found that Slater's contempts were minor and not so trivial as to warrant a finding of no contempt. The appropriate fine for the breaches of the undertaking was $500 and for the breach of the confidentiality of the settlement conference was $1,000. Slater was ordered to pay half the fine to Blomfield and the other half to the Crown. The application by Slater to be discharged from the undertaking was declined.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.