Capilano Honey

Capilano Honey lose second Supreme Court judgement in 2 weeks as likely class action grows momentum

The Kerry Stokes controlled Capilano Honey and their CEO Ben McKee have lost their suppression order protections and their second court decision in 2 weeks against journalists / bloggers trying to hide from the public the quality of the honey they sell which includes their imported honey from China, Brazil and Argentina etc.

The latest court decision lifting the suppression orders means the public will now be able to see all the evidence that Capilano have been trying to hide and all the media will be able to report the matter.

The quality of food, and especially imported food, is a major issue for all Australians and even more so with the death in the last few days of a South Australian woman who died of hepatitis A contracted from imported pomegranate from Egypt. In total 24 people have contracted hepatitis A from the same batch of pomegranate. (Click here to read more)

Capilano Honey’s Supreme Court of NSW losses

Firstly, Capilano lost against self-represented litigant Simon Mulvany from Save The Bees Australia on the 30-5-18 regarding his application to have Capilano’s and McKee’s injurious falsehood and defamation proceedings transferred to Victoria and then on Friday 8/6/18 Capilano Honey and McKee lost their suppression order protection in their case against me (Shane Dowling).

The super-injunction

Capilano Honey instituted defamation proceedings against me in October 2016, after I wrote about them suing Simon Mulvany, and they were granted an interim super-injunction which meant I could not even tell anyone there was a court case. On the 19th April 2018 the super-injuction was lifted so I could at least tell people there was a court case but the rest of the suppression orders remained. Now all the suppression orders have been lifted.

I filmed the below video report just after the hearing on Friday outside the Supreme Court of NSW.

Capilano Honey’s lawyers had no comment to make. Barrister Sandy Dawson wasn’t there for the judgment but their junior barrister and 2 lawyers were.

Capilano Honey lawyers Richard Keegan, Alexander Latu and barrister Monique Cowden after their second loss in 2 weeks. They don’t seem very happy.

Capilano Honey have been given a 7 day stay of the lifting of the suppression orders to decide if they will appeal. If they do appeal it will just be a blatant time delaying tactic as their whole case is frivolous and vexatious. The stay means I cannot publish the judgment, but I have been granted the right to publish a previous judgment on the failed recusal application against Justice Lucy McCallum by Capilano Honey. (Click here to read the judgment)

Kerry Stokes’ Channel 7 Today Tonight

It doesn’t matter what allegations anyone makes against the quality of Capilano Honey and their imported honey as it can’t be more damaging than the Channel 7 Today Tonight reports that Capilano Honey sell polluted and poisonous honey. The reason is that Kerry Stokes controls Channel 7 and he is also Capilano Honey’s major shareholder. So, if Capilano’s major shareholder Kerry Stokes says Capilano are selling polluted and poisonous honey it’s not for anyone else to argue against it.

The Today Tonight shows were broadcast in 2008 and 2011 but on the 19/4/18 in court Capilano Honey’s lawyers disputed the dates of the broadcasts and said that they were broadcast in 2003 and 2007. Capilano Honey’s lawyers were wrong, but they never disputed the allegations made in the Today Tonight shows nor did they claim they had fixed the problems raised in the shows.

Refusal to file evidence

Injurious falsehood claims are basically cases that companies use to sue for defamation because they can’t legally sue for defamation. In injurious falsehood claim there is a reverse onus of proof where the company has to prove the allegations being made against it are false. Capilano Honey have refused for the last 2 years to file any documented evidence proving their honey is safe.

They did have a lawyer, Richard Keegan, file an affidavit saying that Capilano’s honey was safe and he referred to various tests and documents which showed the honey was safe but failed to produce the documents under a discovery application. The lawyer basically perjured himself saying the documents exist then later in effect admitting the documents don’t exist when he failed to produce them.

The whole truth is starting to be exposed

Having the suppression orders lifted is another step in the right direction and Capilano’s problems are only going to get a lot worse if the rumoured class action against them eventuates. Every dodgy thing that Capilano Honey have done in their frivolous and vexatious court cases can potentially be used against them in any future lawsuit / class action so Capilano have dug a huge hole for themselves by suing Simon Mulvany and myself. The matter is listed for another directions hearing on the 29th June 2018.

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14 replies »

  1. Shane, is the date for the directions hearing , shown as 29 April 2018 correct as I’m receiving your email today 9 June 2018.
    P.S.: Congratulations. hopefully the first win of many more to come !

  2. Once a journalist could be dismissed and forgotten if he did not toe the party line. It is a very steep learning curve when you decide to self represent. Not encouraged by the court, as you are depriving a friend of a fee. You handled your not legal jail time with great grace .

  3. How have CapiIano been able to get non compliant honey into Australia?
    How have CapiIano been able to blend this non compliant material into product that is sold to Australian consumers? Where are the ACCC?
    Why are the lawyers now involved when they have no experience in the science? Yes I understand in a nation ruled by fools (lawyers) we must have the fools (lawyers) decide all of the decisions so as they can have a feed because otherwise as with any thing useless it would be relegated to the incinerator. Even better when one of them makes a decision one can if one is wealthy and can afford the fools fees launch an appeal. Hence we have one foolish decision being appealed by another group of fools, always for a fee.
    All of this legalistic rigmarole and gobbledy gook does not help the Australia Honey Industry, does not protect Australian jobs, apart from a few privileged legal eagles, and jeopardises the health of the Australian public.
    If the lawyer run regulator were to do its job then non of this shemozzle would exist, but then the judge would not have a job or an opportunity to stick it`s hand out.

  4. It is not surprising that court cases relating to serious matters can last for many months, years even when the Capilano case could be resolved in a few days using common sense, which is either unavailable in the brain of judges/lawyers or not used due to the money-producing time-clock which increases the wealth of the aforesaid with every tick of that clock.

  5. I am so happy for this good news. I am grateful that you have chosen the hard path to expose the rampant corruption that is business as usual for the legal profession in Australia and I wish you success. Take care with your endeavours. You are a threat to these powerful people and they will try to have you silenced.

  6. I try to buy from local bee keepers or farmers markets— assuming they’re selling there own — we’re getting to a stage of not knowing or trusting anything– not even seeing is believing anymore

  7. Unfortunately we don’t have clear rights in Australia to free speech so the use of the courts as a weapon by the wealthy and powerful can Trump the right of the Australian public to be fully and properly informed. Parliament need to legislate to rebalance the equation between free speech and corporate rights to hide embarrassing or incriminating information.

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