Blomfield versus www.laudafinem.com

According to the Daily List Matthew Blomfield is back in the Auckland High Court today, this time against ‘Lauda Finem’.

Last week Blomfield was in court in a defamation action against Cameron Slater. This trial was set down for ‘up to four weeks’ but seems to have finished as it has now dropped off the daily list (since yesterday). Presumably this is now waiting for a judgment. That could take a while. Slater is waiting for the judgment of cross claims versus Colin Craig 18 months after the trial, but that is a much more complex proceeding that may be waiting on rulings in Jordan Williams v Craig, which was in the Supreme Court recently on a point of appeal,

The notice for CIV2016-044-121:

MATTHEW JOHN BLOOMFIELD v THE OWNER AND / OR ADMINISTRATORS OF WWW.LAUDAFINEM.COM

It is hard to find any information about this. The only hit on ‘Lauda Finem’ on court Decisions Online is MALTESE CAT LIMITED v DOE [2017] NZHC 1634 [14 July 2017] which shows defendants as:

JOHN DOE AND/OR JANE DOE
Defendants

DERMOT NOTTINGHAM
Second Defendant

[2] The claim contends that all three were victimised by defamatory publications on the website, http://www.laudafinem.com (the offending website).

[7] The plaintiffs want these four webpages to be declared defamatory. They have good reason to believe that if the declaration is made by this Court then GoDaddy and DBP will no longer host the pages. At the present time they have been taken down. A declaration is sought under s 24 of the Defamation Act 1992. By the terms of that Act they have to seek defamation against a person and hence the proceedings were commenced against John and Jane Doe. The plaintiffs, however, believe the offending material was put together by Mr Dermot Nottingham.

[17] I am also concerned that Mr Nottingham has neither denied he is responsible for the subject defamatory publications on the website, nor expressly pleaded that they are true.

In a second judgment – MALTESE CAT LIMITED v JOHN DOE AND/OR JANE DOE [2017] NZHC 1728 [25 July 2017] – Nottingham defended the action  due to what he claimed was time limitation but the judge ruled that it was not time barred and could proceed. There are no other judgments, but there was a Court of Appeal hearing in August for which there is no published judgment yet.

Nottingham was recently convicted of two breaches of non-publication orders, and five charges of criminal harassment, which I would presume would have some bearing on this latest action. From sentencing notes:

[22] Now, I make some findings of fact. Consistent with the verdicts of the jury I have concluded that between 2010 and 2015 Dermot Nottingham published or had published numerous articles on the blog site laudafinem.com. Either Dermot Nottingham is Lauda Finem (in other words, the leading mind of that blog) or he is so intimately related to it that it is proper to conclude that he provided information and draft articles to that blog site knowing and intending that they would be published.

See “Either Dermot Nottingham is Lauda Finem…or he is so intimately related to it…”

Some information that seems linked directly to the current action was posted on laudafinem.com – that website was shut down by court order as a result. A post in October 2016:

Godaddy, our web hosting provider, has very kindly agreed to oblige a New Zealand court and hand over the domain laudafinem.com and various other material; we hold unlawfully of course; not a good look for a provider that sells itself as a bastion of free speech.

We at Lauda Finem are now apparently at the coal-face of international law and the struggle for press freedom, for despite Cameron Slater, also a blogger, having been declared a journalist, Kiwi High Court Judge, Peter Woodhouse, seems to have opted to ignore that fact and taken the very dangerous step of unlawfully interfering with a legitimate media outlet, an off-shore whistle-blowing anti-corruption website at that.

“The struggle for press freedom” is a laugh. This is more of a struggle to hold to account rogue website operators who try to be clever to get around New Zealand laws.

Moreover, despite Blomfield failing to even comply with his obligation to file his substantive arguments in the Slater case, and no sign that he is even capable of doing so, he has now decided, after more than 4 years, that he’s going to take on another “defamation tort”.

As is common with these numpties, the reverse of what they claim is closer to the truth. “Failing to even comply with his obligation to file his substantive arguments” applies more to Slater’s attempts to delay and avoid going to trial, and that may have backfired on him. Blomfield succeeded in getting it to trial so must have complied.

A follow up post:

Following on from our last post covering the Blomfield saga and his latest attempt to pervert justice LF have now been advised that the New Zealand Court decision enabling Kiwi lawyers to seize the LF site, in addition to the obvious lack of jurisdiction, may also breach EU laws on privacy, data protection, whistle blower, and journalist protections.

Did Judge Peter Woodhouse realize he lacked jurisdiction? Did Blomfield mislead him? Perhaps Woodhouse would care to explain his failures and the likely breaches of EU law?

With this in mind LF is now intending to email every Kiwi elected politician for their information and opinion, we’ll of course be following that up with a complete file copy, delivered by post, evidence that the legal hi-jinks of Mr Blomfield are merely designed to thwart LF’s reporting of the truth.

Remember LF has been following this story for many years, we’ve been posting, providing damning evidence for years, but not a peep from Blomfield until LF published damning evidence…

This appears to be related to the Slater defamation action. LF somehow managed to obtain the huge amount of data that Slater used in his posts attacking and accusing Blomfield. One the defamation action got under way Slater made an undertaking to the court not to post any more about Blomfield, but LF continued to post on it.

Remember readers, this so-called court judgement is a scam, service was not effected in accordance with New Zealand’s own laws. And as aforesaid it also likely breaches EU laws and treaties protecting residents whistle-blowers and journalists privacy.

Two years later it has now gone to trial.

Disclosure of interest: While I am not involved in the case before the court today and don’t have details of what it is actually trying to do, I have an interest in all of this because I was dragged into this whole Blomfield versus Slater and Lauda Finem messy business. They tried to use Your NZ to attack Blomfield in breach of court orders, and when I stopped that they started attacking me.

This involved an ongoing campaign of disruption here, litigation and attempted litigation (involving Nottingham, Slater plus  Marc Spring and Earle McKinney) and numerous threats of more litigation. I was also the target in a number of Lauda Finem posts and comments that made false accusations and threats, were defamatory, and were similar to harassment others have been subjected to.

Others here were also targeted by LF.  So the outcome of whatever is being attempted in court today will be of interest.

 

8 Comments

  1. Pickled Possum

     /  October 17, 2018

    Naughty boys.
    Above the Law … is one mantra they are gonna regret.
    The Right of Reply … is one they should start chanting.
    May their Lawyers take them to the Cleaners, the scenic route.

  2. Blazer

     /  October 17, 2018

    Lauda Finem punch above their weight..no credibility,no idea,no evidence…NO MONEY.

  3. Bill Brown

     /  October 21, 2018

    Must be amusing for the Judge when a person stated they don’t know who owns it or runs it as they have yet, despite multiple attempts, failed to locate the owner.

    Not to mention the over reach of local jurisdiction if it is indeed held offshore

    • Can you give some actual detail about what happened in court this week? Your vague claims and wishful thinking in the past have not been very accurate.

      • Bill Brown

         /  October 21, 2018

        No. Just passing comment.

        • It sounds quite familiar – like, much like what ‘LF’ were saying when they were shut down by court order.

          • Bill Brown

             /  October 21, 2018

            But they are not shut down at all……. straight back up on another domain name

            All I’m observing is that if owned & hosted offshore then a NZ court should have no powers

            And that’s the interesting part

            • So you think that people in New Zealand should be able to say what they like, regardless of New Zealand laws, with legal impunity?

              Doesn’t that make a mockery with having any laws on online communications?

              You tried to use the law to shut down this site – this is an overseas owned site, doesn’t that make a mockery of your attempt? (That you tried to use a law that wasn’t in effect for another twelve months, and that you failed to follow the requirements of the not yet in force law, also deserves mocking).

              You just seem to think that laws are to be used against others but shouldn’t apply to you.