Eshow v Zaia

[2020] NSWCA 10

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Extension of time to file Notice of Appeal
3. › Adequacy of explanation for delay
4. › Arguable merit of proposed appeal
5. › Whether extensions should be granted
6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.16(1)(c)
1. Practice and Procedure
2. › Contempt of court
3. › Civil contempt
4. › Breach of injunction
5. › Service of orders
6. › Whether sealed copy of orders required to be served before contempt proceedings
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.11, 36.12, 36.14
1. Defamation
2. › Defences
3. › Contextual truth
4. › Honest opinion
5. › Whether new defences may be raised on appeal
6. › Defamation Act 2005 (NSW), ss 25, 26, 31
1. Evidence
2. › Standard of proof
3. › Civil contempt
4. › Whether criminal standard applies under Evidence Act 1995 (NSW)
5. › Evidence Act 1995 (NSW), ss 140, 141

Quick Take

The Court held that service of a sealed copy of court orders is not a prerequisite to contempt proceedings under the UCPR; proof of the contemnor's knowledge of the substance of the orders is sufficient.