IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2016-404-1805 [2017] NZHC 1634
UNDER the Defamation Act 1992 and Part 18 of
the High Court Rules
IN THE MATTER
of a Declaration under s 24 Defamation Act 1992 concerning the nature and status of certain web publications
BETWEEN
MALTESE CAT LIMITED First Plaintiff
CLYDE ALEXANDER MACLEAN Second Plaintiff
ELIZABETH MAY CURRIE Third Plaintiff
AND
JOHN DOE AND/OR JANE DOE Defendants
DERMOT NOTTINGHAM Second Defendant
Hearing: 24 May 2017 Appearances:
D Huang for Plaintiffs
Second Defendant in PersonJudgment:
14 July 2017
JUDGMENT OF FOGARTY J
This judgment was delivered by Justice Fogarty on
14 July 2017 at 4.00 p.m., pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:
Solicitors:
Jones Law, Auckland
MALTESE CAT LIMITED v DOE [2017] NZHC 1634 [14 July 2017]
Introduction and Factual Background
[1] The plaintiffs, Mr MacLean and Ms Currie were at one time in a close personal relationship. While no longer together, they are on amicable terms. The first plaintiff, Maltese Cat Ltd (Maltese Cat), is a family company related to Mr MacLean.
[2] The claim contends that all three were victimised by defamatory publications on the website, (the offending website). The offending website and its domain name, laudafinem, are hosted by GoDaddy LLC (GoDaddy). A related company, Domains by Proxy, LLC (DBP) is the domain name registrant.
[3] Mr MacLean is married to Ms Joanne MacLean. They have been separated since 2011. Their separation was acrimonious. Three separate legal proceedings instituted by Ms MacLean against Mr MacLean or Maltese Cat have been struck out or discontinued.
[4] At around the same time in 2011, Ms Currie was a witness in a police prosecution of her former partner, Matthew Crann, for an alleged domestic violence assault. That prosecution succeeded at first instance before a judge alone. Mr Crann appealed successfully for re-trial before a jury. He was then acquitted.
[5] The plaintiffs claim that near the times of Ms MacLean’s third loss in bringing her legal proceedings and Mr Crann’s successful appeal, Ms MacLean engaged the defendant, Mr Dermot Nottingham, to be, it is submitted, “something of an ‘equaliser’”. He met the lawyer for Mr MacLean and other plaintiffs, Mr Jones, and threatened a “campaign” against them unless they paid money.
[6] The plaintiffs claim that such a campaign was mounted on the offending website in late 2003: the publication of four key articles of defamatory, abusive and obscene materials, victimising Mr MacLean, Ms Currie and Maltese Cat. These four key articles are hereafter called Schedules 1 to 4. They carried the following titles:
Date of First Publication Webpage Schedule 1 22 September
2013
“The Ugly Face of Intimate Partner Abuse –
Elizabeth May Currie”
Schedule 2 24 September
2013
Judge Ryan Confides – Jury Right on Money
when Assessing Jilted Partners’ Credibility
Schedule 3 31 October 2013 The Maltese Cat and the Polo Pony they came in
from the cold, a scam that sought out LF-Ah
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