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).
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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