Another Nottingham court failure highlights failures of courts

Dermot Nottingham keeps clocking up failures in courts. The latest is in the Supreme Court, which dismissed an extension of time to appeal a prior appeal.

There is some history going back over four years (with related proceedings that go back to events in 2009). The judgment being appealed: NOTTINGHAM v DISTRICT COURT AT AUCKLAND [2018] NZCA 75 [28 March 2018]:

[1] On 27 April 2017 Gilbert J granted the second respondents’ application to strike out Mr Nottingham’s statement of claim in a judicial review of the District Court at Auckland alleging a criminal conspiracy to pervert the course of justice. The Judge ruled that the claim was replete with scandalous and outrageous allegations without any attempt having been made to provide supporting factual particulars, almost all of the relief sought could not be granted in the context of an application for judicial review and that the flaws in the claim were of such a fundamental character that they could not be saved by amendment.

[2] Mr Nottingham did not file a notice of appeal of that judgment within the required time…

Background

[3] In March 2014 Mr Nottingham commenced a private prosecution in the Auckland District Court against the second respondents. Following a Judge alone trial extending over 17 sitting days, on 20 June 2016 Judge Paul dismissed all charges, acquitted the second respondents and made an order that the appellant pay costs totalling $117,000. Mr Nottingham’s application for leave to appeal pursuant to s 296 of the Criminal Procedure Act 2011 was declined by Davison J.

[4] The prequel to the criminal proceedings were complaints by both Mr Nottingham and Mr Honey to the Real Estate Agents Authority which culminated in a decision of the Real Estate Agents Disciplinary Tribunal,
an appeal to the High Court and a further appeal to this Court.

The prequel goes back a long time – to 2009.

[5] On 12 September 2016 Mr Nottingham commenced this judicial review proceeding alleging that Judge Paul had conspired with court staff and with the second respondents to defeat the course of justice in order to wrongfully acquit the second respondents of the criminal charges Mr Nottingham had brought against them in the private prosecution.

[8] In the present case the delay of six months is substantial. While the notice of application states there are reasonable grounds including medical reasons for the delay, there is nothing in the extensive materials filed in support of the application that provides any detail of such a reason.

[9] Indeed it is difficult to understand how it could credibly be said that Mr Nottingham was precluded on medical grounds from lodging a simple notice of appeal within the 20 working day period provided in the Court of Appeal (Civil) Rules when he was actively involved in other litigation. On 15, 22 and 23 May 2017 he appeared in the High Court at Auckland in support of the application for leave to appeal heard by Davison J. He also appeared in the High Court on 12 June 2017 in support of an appeal from the District Court at Auckland finding him in contempt of Court for wilfully insulting a judicial officer.

[10] In Almond v Read the Supreme Court stated that a decision to refuse an extension of time based substantially on the lack of merit of a proposed appeal should be made only where the appeal is clearly hopeless. One of the examples given of a hopeless appeal was where there was an abuse of process such as a collateral attack on issues finally determined in other proceedings. We consider that Mr Nottingham’s judicial review proceeding is an example of such a collateral attack.

[11] Mr Nottingham’s private prosecution was dismissed. An application for leave to appeal was declined. An application under s 303 to this Court is still extant. In those circumstances we consider the nature of Mr Nottingham’s judicial review proceeding offends the general rule of public policy explained in Hunter.

[12] The implications of this collateral attack by a still further litigation process has obvious relevance to the third and fourth of the Almond v Read considerations.

[13] Having regard to all of these factors we conclude that the interests of justice plainly require that we should decline to exercise the discretion to extend time under r 29A for the filing of an appeal against the judgment of Gilbert J.

Result

[14] The application for an extension of time to appeal is declined. The appellant must pay the second respondents costs for a standard application on a band A basis with usual disbursements.

The latest judgment from the Supreme Court dated 20 November 2018 – Nottingham v Auckland District Court and Honey, Honey and Taka.

[1] Mr Nottingham wanted to appeal to the Court of Appeal against a decision of the High Court. He did not file his notice of appeal within time so applied for an extension of time. The Court of Appeal declined to grant an extension of time. Mr Nottingham seeks leave to appeal out of time to this Court against that decision.

[4] The principles applicable to the Court of Appeal’s decision whether or not to grant an extension of time were set out recently by the Court in Almond v Read. Mr Nottingham does not challenge those principles; rather, he seeks to challenge their application by the Court of Appeal to the particular facts of this case. No point of general or public importance accordingly arises. Nor does anything raised by Mr Nottingham give rise to the appearance of a miscarriage of justice. We add that his delay in filing in this Court is unexplained.

[5] For these reasons the application for an extension of time to appeal is dismissed. The applicant is to pay costs of $2,500 to the second respondents.

So a simple judgment, but again using court time and imposing further time and costs on the respondents after an extensive amount of litigation over nearly a decade.

In 2015 Nottingham told me that if ongoing litigation took him ten years he was up for it.

This judgment follows a similar judgment and a similar award of costs earlier this month: DERMOT GREGORY NOTTINGHAM v HEMI TAKA, MARTIN RUSSELL HONEY AND STEPHANIE FRANCIS HONEY [2018] NZSC 102 [5 November 2018]

Costs are supposed to be a deterrent to frivolous, vexatious and hopeless litigation, but they don’t deter Nottingham, who has clocked up hundreds of thousands of dollars in costs awarded against him which led to him being adjudicated bankrupt in September – see HONEY v NOTTINGHAM [2018] NZHC 2382 [11 September 2018].  I was involved in that proceeding and am owed court awarded costs by Nottingham for another failed private prosecution.

I met with the Safe and Effective Justice Advisory Group on Monday to have my say, making suggestions on what I want from the criminal justice system and and how we might make it better. This focused on much of what is again highlighted in this judgment – successive courts have allowed Nottingham to proceed through multiple stages of litigation, incessantly  breaching laws, court rules and timetables, and not paying costs that are supposed to deter these sorts of abuse of the judicial system.

The Advisory group will make recommendations to the Minister of Justice next year, and then it is over to the Minister, Cabinet and Parliament as to what they change.

As per what is highlighted above, requiring judges to enforce procedural legislation and timetables could make a significant difference in limiting vexatious and hopeless litigation.

 

 

 

Nottingham fails in Supreme Court appeal

Another fail for Dermot Nottingham, this time the Supreme Court declining leave to appeal. This is entirely predictable, as he was seeking leave to appeal a Court of Appeal decision that said they had no jurisdiction to overturn the High Court declining leave to appeal. More wasting of court time.

Costs of $2500 were awarded against Nottingham, but as he has been insolvent for some time (probably years) and was adjudicated bankrupt in September he is unlikely to be able to pay these, on top of the quarter of a million dollars in various court costs he already owes.

Costs are supposed to be a deterrent to vexatious and hopeless litigation but Nottingham continues to file proceedings regardless. I don’t know if he is ignorant of the judicial processes (he shouldn’t be, he has extensive experience with it) or if it is deliberate abuses of processes as part of campaigns of harassment against various people.

From the Supreme Court judgment DERMOT GREGORY NOTTINGHAM v HEMI TAKA, MARTIN RUSSELL HONEY AND STEPHANIE FRANCIS HONEY [2018] NZSC 102 [5 November 2018]

[1] The applicant seeks leave to appeal against a decision of the Court of Appeal in which he was refused leave to appeal against two High Court decisions. Both had their origins in a private prosecution brought by the applicant against the three respondents in the District Court. All charges were dismissed by Judge Paul and he ordered the applicant to pay costs totalling $117,000 under the Costs in Criminal Cases Act 1967.

[2] The applicant sought leave to appeal against Judge Paul’s decision dismissing the charges and the award of costs.

[3] In the first of the High Court decisions, Paul Davison J refused leave to appeal and, in doing so, he addressed directly the costs argument.

[6] In dealing with the challenge to the judgment of Downs J, the Court concluded that there is no right of appeal to the Court of Appeal from such a decision, citing a number of cases decided under similar provisions of the Summary Proceedings Act 1957. In absence of a right of appeal, the Court found it had no jurisdiction to hear a challenge to the judgment of Downs J.

So the court (Court of Appeal) has no jurisdiction to overturn a lower a court (High Court) decision declining leave to appeal a lower court (District Court).

[7] In support of his application for leave to appeal to this Court, in respect of the judgment of Paul Davison J, the applicant repeats the submissions advanced to and rejected by the Court of Appeal.

[8] Although the judgment of Paul Davison J is lengthy, it is perfectly clear that he dealt with the case as an application for leave to appeal under s 296 and not as a substantive appeal. The order he made was to dismiss the application for leave to appeal. For the reasons given by the Court of Appeal, that decision was final. It was not susceptible to challenge in the Court of Appeal.

[9] We are likewise of the view that there was no jurisdiction to challenge in the Court of Appeal the decision by Downs J to refuse an extension of time.

[10] This Court relevantly has jurisdiction to deal only with appeals authorised by Part 6 of the Criminal Procedure Act. The proposed appeal is not within any head of jurisdiction provided under that Act. As to this, we note that s 213 to which we have already referred provides that an appeal court’s decision to give or refuse leave is final unless otherwise expressly provided for. This provision is as applicable to the Supreme Court as it is to the Court of Appeal and makes it clear that we do not have jurisdiction to entertain appeals against decisions of the Court of Appeal to refuse leave.

[11] The application for leave to appeal is dismissed. The applicant is to pay the respondents costs of $2,500.

So that should be the end of the legal line for Nottingham in this lengthy litigation.

Here is the Court of Appeal decision: NOTTINGHAM v DISTRICT COURT AT AUCKLAND [2018] NZCA 75 [28 March 2018]

[3] In March 2014 Mr Nottingham commenced a private prosecution in the Auckland District Court against the second respondents. Following a Judge alone trial extending over 17 sitting days, on 20 June 2016 Judge Paul dismissed all charges, acquitted the second respondents and made an order that the appellant pay costs totalling $117,000. Mr Nottingham’s application for leave to appeal pursuant to s 296 of the Criminal Procedure Act 2011 was declined by Davison J.

[4] The prequel to the criminal proceedings were complaints by both Mr Nottingham and Mr Honey to the Real Estate Agents Authority which culminated in a decision of the Real Estate Agents Disciplinary Tribunal, an appeal to the High Court and a further appeal to this Court.

So this relates to a failed prosecution that began over four and a half years ago.

And that relates to even longer running litigation – it started with a business deal in 2009 that led to:

[4] In early 2011, Mr Dermot Nottingham lodged a complaint on behalf of PBRL with the Real Estate Agents Authority (the REAA) alleging misconduct by Mr Honey…

This is just one of a number of lengthy proceedings Nottingham has been involved in, including other failed private prosecutions, against myself and three others. My case has ‘only’ been going for three and a half years, with leave to appeal costs being declined Nottingham by the Court of Appeal last week – see Nottingham fails again in Court of Appeal, judicial system faltering. The week before: Nottingham fails another attempted appeal.

In July Nottingham was sentenced after being convicted on two breaches of non-publication orders and five charges of criminal harassment. From the sentencing notes:

[16] Variously, the conduct alleged in respect of the five complainants, and differently as between those five complainants, can be characterised as a combination of some or all of the following:

(g) Engaging in or threatening to engage in vexatious litigation.

[24] It was plain to me from the evidence that a number of these courses of conduct started with Mr Nottingham crossing the path of the individual complainant, either in his own capacity or on behalf of another individual, acting as their advocate.

[53] In his written submissions, Mr Nottingham makes it plain that he disagrees with the findings of the jury and challenges many of the rulings of the Court. As is characteristic of his approach to legal proceedings, I anticipate that Mr Nottingham will pursue all avenues of review and appeal and is unlikely ever to accept that what he did was not only unlawful, but reprehensible.

Nottingham has more proceedings pending in the courts.

Nottingham fails again in Court of Appeal, judicial system faltering

Another failed Dermot Nottingham attempt to get leave to appeal from the Court of Appeal, this time against myself and Allied Press Limited.

This follows over three years of two related private prosecution proceedings. Last week Nottingham was also declined leave to appeal in the Court of Appeal versus Lynn Prentice and APN Limited – see Nottingham fails another attempted appeal.

All four parties were originally charged together in July 2015, but the cases against Allied Press and I were moved to Dunedin as they had been incorrectly filed in Auckland.

Prentice and APN went to trial in June 2016 and all charges were dismissed. They were eventually awarded costs. Nottingham unsuccessfully appealed the dismissal and costs in the High Court, and last week failed to get leave to appeal from the Court of Appeal.

The  week after those dismissals at trial Allied Press and I had a hearing seeking dismissal of charges prior to trial. Nottingham had not submitted opposing this. At the hearing Nottingham sought and obtained the Court’s leave to withdraw the charges.

We subsequently applied for costs and these were eventually awarded. In March this year Nottingham lost a High Court appeal against the costs, and has now failed to get leave to appeal from the Court of Appeal. After a hearing before three judges on 9 October 2018 their judgment has just come out.

[5] The private prosecution initiated by Mr Nottingham charged Allied Press Ltd and Mr George with breaching a suppression order by publishing articles on their respective websites in breach of s 211 of the Criminal Procedure Act.

[8] Mr Nottingham’s principal argument in support of his application for leave to appeal is that convictions of Allied Press Ltd and Mr George were inevitable if he had chosen to continue with the prosecution. He submits that Davidson J’s finding that the prosecution was defendable was “inconsistent with the indisputable facts”.

At the time the charges were withdrawn the case was in a hopeless state. The 1000+ page long 3 month+ late initial disclosure was inadequate, a promised expert witness statement was never produced, and Nottingham repeatedly failed to comply with law, court rules and timetables.

Both APN and I had entered not guilty please, legally we were ‘not guilty’ when the charges were withdrawn by the prosecutor, and we both believe we are not guilty in fact and could have defended the charges. Seven judges have agreed that the charges were defendable, but as the cases had never gone to trial could not rule out the possibility that Nottingham could have eventually proved something. he never has.

[9] Mr Nottingham says that the issues of costs against a prosecutor and what published information will breach a suppression order require clarification…

[10] These questions are all fact specific and relate only to this case.

[11] We are of the view that the questions posed are not issues of general principle or of general importance in the administration of the criminal law by the courts.

[12] Nor are we satisfied that a miscarriage of justice may have occurred or may occur unless the appeal is heard. Discontinuation of proceedings will ordinarily have cost consequences. This was not a case where the prosecution would have clearly succeeded but for circumstances unrelated to the merits. We agree with the Judge that the prosecution was defendable. The issues would have included whether the publications contained any suppressed information and whether the requisite mental element was established for charges that are not of strict liability. Further, as the Judge mentioned, if the issue of “hidden computer search tools” had become relevant, then the legal and evidential issues would have been more complex. There were no clear answers to these issues on the untested evidence.

[13] We accordingly decline the application for leave to appeal.

The evidence had never been tested at trial, so despite Nottingham effectively trying to re-litigate the case at four subsequent hearings over costs we remain ‘not guilty’ (and, I believe, not guilty).

Note: there is suppression (Order prohibiting publication of evidence and submissions contained in
this judgment) related to a different prosecution (and conviction), so those details cannot be published at this stage, and the full judgment won’t be published pending the final outcome of the other case.

Prior to the last High Court appeal Nottingham indicated he intended taking the case to both the Court of Appeal and the Supreme Court, so a further legal step is possible. I think this would be futile, and would use up more of the already overstretched court resources.

Nottingham currently has three cases pending before the Supreme Court following other failed appeals – see Case information 2018

Further attempts at appeal would incur further costs. Nottingham has admitted he has been insolvent for some time, has claimed to have debts of about $2 million (about quarter of a million in various court costs awarded against him), and he was adjudicated bankrupt in September – see HONEY v NOTTINGHAM [2018] NZHC 2382 [11 September 2018].

He seems to have had no intention of paying costs, and no ability to pay costs, yet he continues to force people to incur costs through the courts. In an email in 2015 he said that if various intended litigation took ten years ‘he was up for it”.

Nottingham has incurred all the costs but has not been acting alone.

Robert Earle McKinney has been closely involved with the proceedings against us. He arranged for the initial serving of documents (that was funny, I was photographed being served the documents on a Dunedin street). He shared the same email account as Nottingham, which was associated with his company Advantage Advocacy Limited (now in liquidation – see First Liquidators Report). Nottingham was said to be the sole employee of this company, and the company was registered at his address.

Cameron Slater was named as an informant to the prosecution, and was named as an expert witness (but never provided a witness statement). He appeared as a witness in the Prentice/APN trial. See NOTTINGHAM v APN NEWS & MEDIA LTD [2018] NZHC 596 [29 March 2018]:

  • calling a witness who had not been brief, Mr Slater. The detail and nature of this evidence had not been provided to the defence prior to the presentation of the witness to the Court;

Slater has been named by Nottingham as involved in ongoing attempts at litigation against me. He was also associated with the failed Court Order attempt by Marc Spring.

Marc Spring was also involved in serving court documents for Nottingham, and openly associated himself with @LaudaFinem in a campaign of harassment against me, at one stage suggesting I would be ‘fucked over’ as happens at Whale Oil. He has been involved in a number of ways in trying to trash and take down Your NZ. I believe he was also contributor to content (posts and comments under various pseudonyms) at the now taken down laudafinem.com blog. – see from sentencing notes:

“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.”

There is a lot more on Spring’s involvement in various things but that is for another story. Others have also been involved in various ways.

Due to all of this I have learned a lot about how our judicial system works. I don’t think it has coped well with people who use it to attack and use it to try to cause hardship to others, and who repeatedly abuse processes and fail to comply with laws, rules and conventions that lawyers are bound to adhere to.  They have wasted a large amount of court time and resources.

I think that private prosecutions are an important part of our judicial system, as is the right to represent oneself and act as a lay litigant.

But I think that far less leniency for breaches of laws, rules and timetables would make things more fair for the targets of vexatious litigation.

There are apparently strict requirements for filing court submissions according to defined timetables. In theory this allows for orderly and fair processes.  But Nottingham has been allowed far too much leniency, and due to his frequency of litigation he should not get away with the excuse of lay litigant ignorance. Courts have pointed that out.

Nottingham repeatedly ignored requirements. A few examples (from many) from my proceedings.

“At the commencement of criminal proceedings, or as soon as practicable after that time, and in any event not later than the applicable date, the prosecutor must disclose the following information to the defendant.”

“In this section, applicable date means—

(a) the date that is 15 working days after the commencement of criminal proceedings

That means he should have provided disclosure by mid-August 2015. After he failed disclosure was requested by counsel and instructed by the Court. He still failed to disclose, and at one stage said he was deliberately delaying disclosure. He finally served a 9cm think pile of garbage (that has to be all read in case there is something important, not cheap when you are paying a lawyer to do it) in December 2015, three and a half months late.

When we applied for and submitted on costs Nottingham filed his submission late with the court but failed to serve it on us (the Applicants). When just prior to a scheduled hearing we found out he had submitted but not served the Court directed that he serve, but he failed to do that. I had to spend half a day in Court reading through hundreds of pages just in case there was something in it that was important.

Nottingham failed to appear at the costs hearing, but instead emailed a further submission during the hearing. remarkable the Court gave us copies and the Judge ordered a short adjournment so we could read it (a ridiculous situation to put us in). Then when the hearing resumed another submission arrived in court. At least the judge refused to accept that one.

For the Court of Appeal proceedings Nottingham:

  • filed his application seeking leave to appeal out of time
  • failed to file a submission as directed by a judge to give reasons for applying out of time
  • failed to file his submission as Applicant by the due date
  • after being told he had not filed by the court he set his own timetable
  • he finally filed his submission after both respondents had filed our submissions on time
  • two hours prior to the appeal hearing he filed another submission.

How did the Court deal with all of these transgressions? One of the three appeal judges said he two hour prior to hearing submission was ‘unhelpful’.

I made the point in oral submissions that all of these failures impose severe difficulties on the respondents, and also costs for those who have lawyers having to try and deal with the chaos. But that was not noted in the judgment.

I have been severely inconvenienced and disadvantaged through 3+ years of proceedings due to the actions and failures to comply of Nottingham. Lawyers would not get away with any of this (they wouldn’t attempt to get away with it).

While the various judges and courts have had difficulty dealing with a recidivist abuser of processes I believe hey have in effect aided and abetted these abuses by being so lenient with Nottingham time and time again.

If the courts want to reduce the pressure on time and resources they could help themselves by ensuring that litigants at least mostly comply with requirements.

This has been a huge learning curve for me, being my first experience in litigation and the courts. I found out what I was required to do, and did everything as required, on time. I have been severely disadvantaged by the numerous breaches by Nottingham, unchecked by the courts.

What have I got for this? Some costs awarded, with the likelihood that none of that will be paid. And I have got off cheaply compared to others.

The law is largely not an ass, and court staff and judges generally do good jobs under pressure, but the judicial system could be improved with some simple insistences that basic processes are complied with.

Nottingham fails another attempted appeal

The courts are catching up with Dermot Nottingham’s vexatious court proceedings. he has just lost another appeal in the Court of Appeal, this time to APN Limited and Lynn Prentice.

NOTTINGHAM v PRENTICE [2018] NZCA 461 [29 October 2018]

[1] Mr Nottingham seeks leave to appeal a decision of Wylie J in the High Court.

[2] In the decision at issue, Wylie J declined to grant Mr Nottingham an extension of time under s 298(4) of the Criminal Procedure Act 2011 to apply for leave to appeal two rulings and a costs judgment issued by Judge Collins in the District Court.

[3] For the reasons articulated in the decision of this Court in two other proceedings also involving Mr Nottingham, we are satisfied we do not have jurisdiction to entertain Mr Nottingham’s application. That is so whether it is characterised as an application for leave to appeal Wylie J’s decision declining to grant an extension of time, or an application for leave to appeal Wylie J’s decision declining to grant leave to appeal.

[4] The application for leave to appeal is accordingly declined.

This is a result of private prosecutions started by Nottingham in July 2015, which went to trial in June 2016 where all charges were dismissed, after which Prentice sought and was awarded costs. Nottingham appealed the decisions, losing and incurring further costs to Prentice and costs to APN.

This appeal was an attempt to challenge the costs and to appeal the dismissals.

This is related to the private prosecution of myself and Allied Press Limited. We were similarly charged (private prosecutions) but the charges were withdrawn at a hearing seeking the charges be dismissed, just after the Prentice/APN charges were dismissed. We were subsequently awarded costs, Nottingham lost a High Court Appeal and then lodged an appeal to the Court of Appeal. We are waiting for a judgment on ‘seeking leave to appeal’.

The other proceedings referred to above involving Nottingham are in a single judgment HONEY v NOTTINGHAM [2018] NZHC 2382 [11 September 2018]:

[33] The application in CA670/2017 for leave to appeal against the decision in the High Court refusing leave is declined on the basis that the Court has no jurisdiction to hear such an application.

[34] The application in CA733/2017 for leave to appeal against the decision in the High Court refusing to grant an extension of time to appeal against a costs order is declined on the basis that the Court has no jurisdiction to hear such an application.

Despite it being clear that the Court has no jurisdiction to hear Nottingham’s applications, he is trying to appeal to the Supreme Court.

This is despite him being adjudicated bankrupt due to an unwillingness and/or inability to pay court costs already incurred- see HONEY v NOTTINGHAM [2018] NZHC 2382 [11 September 2018].

As he is insolvent (by his own admission) Nottingham seems unlikely to be able to pay any existing costs let alone more costs incurred through his ongoing attempts to appeal and re-litigate.

This is a hopeless waste of Court time and resources, and I believe there is malice involved – trying to incur as many costs as possible with no ability or intention to pay costs awarded against him.

 

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.

 

Whale Oil be fucked? Defamation trial against Slater starting on Monday

Whale Oil potentially be fucked if the defamation trial about to start in the Auckland High Court is successful.

Matthew Blomfield started defamation proceedings against Cameron Slater in 2012 after a series of posts (thirteen) on Whale Oil attacking Blomfield. It finally goes to trial on Monday after Slater ran out of legal options to avoid facing the claims against him.

NO 8 COURT BEFORE THE HON. JUSTICE DAVISON
First Floor 10.00am
CIV2013-404-5218 MATTHEW JOHN BLOMFIELD (F E Geiringer) v CAMERON JOHN SLATER (D Beard) & ANOR
Civil Proceeding – Defamation

The defamation claim

[5] In 2012, Mr Slater ran and administrated the blog website “Whale Oil” under the name http://www.whaleoil.co.nz (Whale Oil). Mr Blomfield had provided marketing services to Hells Pizza until 2008 and had been a director of a company Hell Zenjiro Ltd (in liquidation), which had owned several outlets of the Hells Pizza chain. That company went into liquidation on 9 April 2008 and was struck off the Companies Register on 6 September 2013. Mr Blomfield was adjudicated a bankrupt in 2010 and an order was made prohibiting him from being a director of a company. He has since been discharged from bankruptcy

[6] Hells Pizza had an association with a charity known as “KidsCan”. On 3 May 2012 Mr Slater wrote and published on his Whale Oil website a blog post entitled “Who really ripped off KidsCan?”. It contained a number of statements that Mr Blomfield claims were defamatory of him. On the same day Mr Slater wrote another blog on the Whale Oil website entitled “Knowing me, knowing you – Matt Blomfield”. In that story he made a number of statements about Mr Blomfield. Between 3 May 2012 and 6 June 2012, Mr Slater wrote and published on his website 13 articles that referred to Mr Blomfield.

[7] Mr Blomfield claims that these articles allege that he had conspired to steal charitable funds and was alleged to be a thief, as well as dishonest, dishonourable, a party to fraud, involved in criminal conspiracy, bribery, deceit, perjury, conversion, the laying of false complaints, drug dealing and making pornography. He was also accused of being a psychopath, a criminal, a thief and a “cock smoker”.

[8] The majority of the articles that are the subject of the claim contain extracts of emails to which Mr Blomfield is allegedly a party. They refer to electronic files which Mr Blomfield claims were sourced from his hard-drive and potentially other sources including a filing cabinet of Mr Blomfield.

[9] Mr Slater admitted in his statement of defence that he had in his possession copies of emails, databases and electronic files relating to the affairs of Mr Blomfield. He stated that on or about February 2012 he was provided with a
hard-drive that included approximately one terabyte of computer files previously owned by Mr Blomfield.

[10] Following the publication of the articles on the Whale Oil website, Mr Blomfield filed proceedings in the Manukau District Court in October 2012 in which he claimed that the statements and the articles were defamatory. He sought anorder that the material relating to him be removed from the Whale Oil website as well as compensatory and punitive damages.

SLATER v BLOMFIELD [2014] NZHC 2221 [12 September 2014]

The trial was initially delayed due to arguments about Slater’s status as a journalist, and whether this allowed him to keep secret sources of material he published – he had appeared to be acting on behalf of others. Slaater was found to be acting as a journalist, but in 2014 a judge ruled:

[150] On balance the public interest in disclosure outweighs any adverse effects on the informants and the ability of the media to freely receive information and access sources.

[151] Therefore Mr Blomfield succeeds on overview and there is an order that s 68(1) does not apply, and Mr Slater must answer the interrogatories and comply with discovery in the usual way.

SLATER V BLOMFIELD CA 678/2014 [2015] NZCA 240 [17 June 2015]

Slater applied to adduce new evidence, and tried to appeal, but eventually failed, as did other legal attempts. A judgment from 6 July 2017:

[2] Mr Slater has applied to strike out Mr Blomfield’s proceeding on grounds of delay. Mr Blomfield applies for further discovery, on an “unless” basis. Both applications are opposed. Mr Blomfield contends that the delay in prosecuting his claim to hearing has largely been caused by Mr Slater’s own actions.

[30] Mr Slater referred me to a wealth of information to suggest that Mr Blomfield may not have had any relevant business reputation at the time the articles were published on the Whaleoil site. He submitted that the Court’s resources should not be deployed to deal with such an undeserving claim for defamation.

[31] I do not accept that this proceeding is of such a character as to justify invocation of the Jameel approach. A number of the allegations made against Mr Blomfield go beyond his business activities and/or practices; in particular, the suggestions that he might be a pornographer and/or a psychopath. In my view, while there may be a question about the value of his claims based on business reputation, the same cannot be said about those other aspects of the claim.

[32] In those circumstances, the better course is to ensure the proceeding is readied for trial promptly. Mr Slater’s application to strike out is dismissed.

BLOMFIELD v SLATER [2017] NZHC 1654 [18 July 2017]

The trial is set to start over a year later.

While Slater is in the firing line, if he loses this Whale Oil will take a hit as well. Slater has been far less prominent on the blog over the last few months so it could probably survive without him, but if a sizeable award goes against Slater, or even just costs (costs are eye-wateringly high in defamation proceedings) it would put the blog at financial risk – Whale Oil could be fucked.

Slater has not been acting alone through all this. He was supplied information – one of the sources has been revealed as Marc Spring, and the court ordered that others be revealed but I don’t think that has shown in court judgments.

In 2015 Spring also tried to use Your NZ to continue attacks on Blomfield against a court agreement with Slater and against a restraining order. I believe that me stopping Spring was at least part of the reason he Slater and Dermot Nottingham turned on me, attacking me here, via lauda Finem and via the courts (the legal harassment is ongoing, I have a hearing v Nottingham in the Court of Appeal on Tuesday).

Spring has obvious associations with Lauda Finem, where attacks against Blomfield continued well into 2016, until Blomfield had the site shut down by court order (I think that something on that is also due to come up in court this month).

Nottingham has also been thick in this. Both he and Spring feature here: SLATER v BLOMFIELD [2014] NZHC 2221 [12 September 2014].

And Nottingham continued to assist Slater:

Hearing: 6 July 2017
Counsel: F Geiringer for Plaintiff
C J Slater, in person, Defendant
(D Nottingham as McKenzie Friend for Mr Slater)

With friends like that…

And this year Nottingham was sentenced for breaching non-publication orders (suppression) and criminal harassment via Lauda Finem – see  “Either Dermot Nottingham is Lauda Finem…or he is so intimately related to it…”

It would appear that Slater has a difficult defence on at least some of the claims.

The ninth publication – 17 May 2012

[51] Mr Slater has not responded to the evidence adduced by Mr Blomfield regarding this issue.

[52] The overall tenor of the publication is clearly defamatory because it accuses Mr Blomfield of stealing assets belonging to the company and then selling them to a third party

.The twelfth publication – 6 June 2012

[61] Mr Slater has not responded to this evidence so for present purposes must be taken to have no answer to it. He would therefore appear to have no arguable defence to the claim relating to this publication. As in the case of the ninth publication, however, I propose to exercise my discretion against the entry of summary judgment and for the same reasons.

BLOMFIELD v SLATER [2018] NZHC 1099 [18 May 2018]

The challenge:

[76] Mr Slater needs to be aware, however, that the defences comprise different elements. For that reason the same particulars may not support both defences. In order to establish the defence of truth, for example, it is necessary for the defendant to set out the facts and circumstances relied upon to prove either that the pleaded imputations are true or substantially true, or that the publication as a whole is substantially true.

[78] The defence of honest opinion requires the defendant to establish that, reading the publication as a whole, such imputations as the fact finder has found to exist were conveyed by the publication as expressions of opinion rather than statements of fact. It is for the Judge in the first instance to determine whether the imputations are capable of being opinion rather than fact. Importantly, the facts in the publication must have existed at the time of the publication and must either have been alleged or referred to in the publication. Alternatively, they must have been generally known at the time. The defendant may not go outside these parameters in establishing the defence of honest opinion. Furthermore, the defendant may not call evidence at trial that is outside the ambit of the permitted particulars. For that reason the particulars “serve to focus and confine the evidence which may be given in support of defences of truth
and honest opinion”.

[79] Mr Slater needs to re-plead his statement of defence and particulars bearing in mind these principles. He also needs to be aware that he will not be permitted to call evidence at trial if it falls outside the pleadings in their final form.

The means that Slater cannot use the trial as a way of continuing the campaign against Blomfield by calling witnesses in order to attack Blomfield when this is outside the defence of ‘honest opinion’ – I think his defence has to be based on his own opinion at the time of publishing the posts on Whale Oil, not the ‘opinions’ of his associates and accomplices.

I have a particular interest in this because I got dragged into this as a means to try to avoid court orders.

But there should be wider interest.

If Blomfield is successful there is a real possibility that Whale Oil be fucked.

Nottingham bankruptcy judgment online

Further to Dermot Nottingham adjudicated bankrupt – for anyone who is interested, the full judgment is now available online:

I’m named a few times but just as one of a number of creditors owed about quarter of a million dollars in court awarded costs, and who opposed a badly flawed proposal to avoid bankruptcy.

Some key sections:

[28] In my judgment, Mr and Mrs Honey and Mr Taka have established that Mr Whitley was wrong to have accepted the claims of the general creditors and allowed them to vote. I propose to allow the appeal and overturn his decision.

Mr Nottingham’s application for approval of his proposal

[29] The effect of overturning Mr Whitley’s decision to accept the claims of all creditors who voted in favour of the proposal entirely undermines the vote in favour of the proposal at the meeting. It means that 100 per cent of those creditors eligible to vote voted against the proposal. In those circumstances, there is no question of approving the proposal.

[30] I propose to decline Mr Nottingham’s application.

And:

[41] There is nothing in any of the arguments which Mr Nottingham advanced in opposition to the application of Mr and Mrs Honey and Mr Taka which persuades me that I should exercise my discretion by declining to make an order adjudicating him bankrupt.

[42] On the contrary, as Mr Grove submitted, there is, in this case, a significant public interest in making such an order.

[43] Mr Nottingham has a demonstrated history of commencing private prosecutions against individuals in which he has thus far been entirely unsuccessful.

[44] Unquestionably these apparently groundless prosecutions have wreaked havoc with the lives of those wrongly accused of criminal activity. In my view, if Mr Nottingham’s bankruptcy puts an end to this practice on his part, then that is a public good.

[45] Furthermore, as Mr Grove also submits, whilst there may be some room for doubt as to whether all of those persons who claim to be creditors of Mr Nottingham and who filed the claims in the context of his proposal that I have overturned are all bone fide creditors, if they are, it would seem that Mr Nottingham’s creditors have paid to him something in the order of $2 million (in cash or value) over recent years and yet he claims to be penniless. In my view, there is a public interest in Mr Nottingham being bankrupted so that the Official Assignee can investigate his affairs to establish whether all of these claims are legitimate and if so what has happened to the $2 million which Mr Nottingham has received but claims no longer to have available to him

 

Nottingham has not been acting alone

Dermot Nottingham has not acted alone in his actions taken against many people, including harassment and defamation via laudafinem.com and in a number of legal proceedings, some of which have been described as abuses of process, vexatious and more by various judges.

In April Nottingham was found guilty at a jury trial of five charges of criminal harassment and two charges of breach of non-publication orders (suppression). He was sentenced in July to the maximum one year of home detention and ordered not to use the Internet. The Crown had sought a prison sentence and may appeal (Nottingham already indicated he would appeal).

See Blogger dodges prison over court suppression breaches, harassment campaigns and “Either Dermot Nottingham is Lauda Finem…or he is so intimately related to it…”

Last week Nottingham was adjudicated bankrupt, largely due to unpaid court costs of about a quarter of a million dollars as a result of five failed private prosecutions.

See Dermot Nottingham adjudicated bankrupt

Nottingham has given post traumatic stress disorder and mental health as reasons for some of his behaviour, but that doesn’t explain everything. And he has not acted alone.

While stating he had debts of about $2 million Nottingham tried to avoid bankruptcy by putting a proposal to creditors. A majority of alleged creditors with claimed debts of over $1.5 million voted in favour of the proposal, but as none of them provided proof of their claims these were rejected by the judge, who said:

“In my view, there is a public interest in Mr Nottingham being bankrupted so that the Official Assignee can investigate and establish whether all of these claims are legitimate…”.

Those claims were mostly if not entirely made by family and associates of Nottingham, including:

  • Phillip Nottingham$480,728 – cash advances, unpaid rent, guarantees, work completed – not paid, goods and services supplied
  • Phillip Nottingham with power of attorney for his mother for $450,000  – advances, guarantees
  • Earle McKinney for $248,650 – cash advances, guarantees, unpaid services (two others giving the same address also made claims)
  • Marc Spring for $28,765 – cash advances, multiple motor vehicle expenses, Breiting mens (sic) watch
  • Cam Slater $10,450

I have no information of what Slater’s claim was for, but for the others the above descriptions are all that was given. There was no substantiating evidence for about 18 creditors. Some claims, and part of some claims, may be legitimate, but that will be checked out by the OA.

Nottingham’s sentencing notes allude to others being involved:

[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.

[23] During that five year period the defendant undertook numerous campaigns of harassment against a number of individuals, the most egregious and persistent of which were represented by the five complainants in the trial. I concluded that his conduct by publishing said articles, through other intimidating and harassing conduct – including threatening, watching, photographing, following – was either carried out directly by Dermot Nottingham or at his direction and that he knew his conduct was likely to cause the individuals to fear for their safety or the safety of family members.

In the private prosecution of myself and Allied Press (charges withdrawn after eleven months) and similarly with the private prosecutions of APN Ltd and Lynn Prentice (charges dismissed at trial) there were a number of people involved with assisting Nottingham, including:

Earle McKinney arranged service of court documents, shared the same email address as Nottingham linked to McKinney’s business Advantage Advocacy Ltd (registered address was Nottingham’s residential address, now in liquidation) of which Nottingham was an employee, threatened further charges via that email, signed court documents on Nottingham’s behalf, has appeared with Nottingham at court hearings.

McKinney has been virtually joined at the hip with Nottingham in the private prosecutions, including acting as a ‘McKenzie friend’.

[24] Importantly, for present purposes, the affidavit was in any event inadmissible. As I noted in my judgment, it was replete with irrelevant material, opinion evidence and pontification by a Mr McKinney, who appeared as Mr Nottingham’s McKenzie friend, as to what he – Mr McKinney – thought the law is, or perhaps more precisely,
should be. The affidavit contained a number of pejorative comments about Judge Collins and how he ran the trial.

NOTTINGHAM v APN NEWS & MEDIA LTD [2018] NZHC 1004 [9 May 2018]

Cameron Slater was named as an informant with all four prosecutions. He was named as an ‘expert witness’ but never provided a witness statement in my and Allied Press prosecutions. He was a witness in the APN/Prentice trial:

Mr Cullen submits that the prosecutor’s failings can be summarised in this way:

  • calling a witness who had not been brief (sic), Mr Slater. The detail and nature of this evidence had not been provided to the defence prior to the presentation of the witness to the Court;

NOTTINGHAM v APN NEWS & MEDIA LTD [2018] NZHC 596 [29 March 2018]

Phillip Nottingham submitted a lengthy affidavit in support of his brother Dermot for the costs hearings in 2016.  I spent half a day reading the only copy at court when I discovered it was there (this was never served despite follow up court orders to do so).

Marc Spring served charging documents. He openly tagged teamed with @laudafinem on Twitter, starting just prior to charges being served, in what amounted to months of harassment via Twitter. I believe he was also a contributor to laudafinem.com via posts and comments. Under numerous pseudonyms he breached court orders and tried to severely disrupt the operation of Your NZ.

In December Spring served a court order on me that attempted to force me to edit him out of Your NZ (where he was named, not where he used pseudonyms, and attempted to force full time moderation with no comments automatically posting. This turned out to be a legal farce, as it used the Harmful Digital Communications Act but didn’t follow correct procedures, and it was a year before the Act came into force, so was discharged when the judge was informed of this – see Court order discharged.

This was discussed on Kiwiblog, with Slater becoming involved indicating he was also linked. He said:

“Your fascination with me and your allowing of despicable and defamatory comments about me and my friends is coming to an end”.

(Emphasis added)

It was covered again later at Kiwiblog in  Judge got it wrong on HDCA – there are some interesting comments.

“If that was done in the knowledge that the grounds did not exist, it seems a clear attempt to pervert the course of justice. If not, it says something about the legal skills of the applicant.”

“Seems the lawyer who sought the order needs to be hauled up before a disciplinary committee. The lawyer is as much to blame as the judge for the foul-up, indeed significantly more so.”

“Negligent is a more than charitable description. It is at best appalling incompetence and at worst an attempt to pervert the course of justice. Assuming, of course, that a lawyer was involved. If not, then the judge really dropped the ball.”

Associated with this a press release was published showing Dermot Nottingham as the document author, which threatened prison. Following the failure of the court order Nottingham tried to get this action included in his prosecution and demanded I be imprisoned by Christmas (2015) but that was rejected by the judge.

In May 2016 Slater put out a press release over the Rachinger/Standard hack – this was posted a day before suppression lapsed on laudafinem.com – either he or someone with access to his press release in advance must have passed it on to ‘Lauda Finem’. Slater may have breached his own suppression. See Slater on the Standard hack.

In my case (also Allied Press, APN and Prentice) Nottingham may have also breached his own suppression over a period of months, if he had anything to do with the posts attacking me and revealing details of his private prosecution. Someone with knowledge of his prosecutions was writing posts for Lauda Finem.

Dermot Nottingham, Phillip Nottingham and McKinney have been engaged in a protracted dispute involving three people and the Real Estate Authority that started in think in 2011 and is still unresolved. A summary (to early 2017) here: NOTTINGHAM, NOTTINGHAM AND MCKINNEY v THE REAL ESTATE AGENTS AUTHORITY [2017] NZCA 1 [27 February 2017]

Another protracted proceeding, going for over six years and scheduled for trial, is the defamation case Blomfield v Slater. Nottingham and Spring have also been associated with that.

[1] The appellant, Mr Slater, operates a blog on the internet which he calls Whale Oil. The respondent, Mr Blomfield, has sued him in the Manukau District Court claiming he has been defamed by material published on the website.

[14] However, the Judge considered there was no evidence that Mr Blomfield had endeavoured to bully and intimidate Mr Spring, or others who had already been disclosed as sources of information given to Mr Slater. The email exchange between Mr Blomfield and Mr Spring indicated that Mr Spring appeared “to be sending Mr Blomfield aggressive and abusive texts”, with Mr Blomfield taking a “relatively defensive position”.

[33] In his submissions, the main emphasis Mr Slater gave this second affidavit related to the fact that Mr Blomfield had telephoned Mr Mattu on Monday 5 October 2015. Mr Mattu recognised the caller’s number as that of Mr Blomfield and decided not to take the call. Instead, he telephoned Mr Slater to seek his advice. Mr Slater was unavailable, but an associate, Mr Nottingham, advised him to take the next call from Mr Blomfield and to record it. It was then arranged that instead Mr Mattu would telephone Mr Blomfield while Mr Nottingham remained on the line and both would record what was said. That then ensued, the discussion lasting for some 26 minutes. A little over an hour later, Mr Mattu again telephoned Mr Blomfield while Mr Nottingham was on the line.

SLATER V BLOMFIELD [2015] NZCA 562 [19 November 2015]

Counsel: C J Slater, in person, Defendant
(D Nottingham as McKenzie Friend for Mr Slater)

BLOMFIELD v SLATER [2017] NZHC 1654 [18 July 2017]

Court notes show that a hard drive belonging to Blomfield, containing business and personal data, was supplied to Slater, and he used contents of that to put up posts on Whale Oil attacking Blomfield. When Blomfield took Slater to court alleging defamation, Slater made an agreement with the court not to post further attacks on Blomfield.

The hard drive ended up in the hands of ‘Lauda Finem’, who then posted many attacks on Blomfield. Eventually (late 2016) according to Lauda Finem, Blomfield shut down their website with a court order.

Marc Spring also started posting attacks on Blomfield at Your NZ using a variety of pseudonyms (for example he would post an attack, then under another name support that comment to try to legitimise it). I was informed that this may be in breach of a restraining order:

Mr Blomfield’s application for a restraining order against Mr Spring was successful in the Auckland District Court. In delivering judgment, Judge Dawson noted that the relationship between the two was “toxic”. The Judge proceeded to find that text messages sent to Mr Blomfield by Mr Spring constituted harassment under the Harassment Act 1997. A restraining order was accordingly made against Mr Spring and remains in force until 9 April 2016.

So I prevented Spring from posting further comments on Blomfield. Spring then started accusing me of acting under Blomfield’s instruction (I wasn’t).

Over a year later Nottingham made written submissions (during a costs hearing that he didn’t attend) accusing me of some sort of collusion with Blomfield. The judge rejected this submission as irrelevant.

Leading up to a costs appeal hearing Nottingham emailed me on 27 June 2017 (using the Advantage Advocacy Ltd email account):

I confirm that you still face contempt applications in police v dn.  You will be required to attend at Auckland or by video link if the court allowed.

I have copied in messrs slater and so they can apply to comment on your defamatory statements.

It may be that they consider a fresh application under the hdca 2015

Kind regards

dn

Another email on 28 June 2017 (also to Spring and Slater):

Dear Messrs Spring, and Slater

I am available with others tomorrow to discuss the issues relating to Mr Georges campaign of criminal harassment.

Please find annexed the highly defamatory and contemptuous documentation filed by [the perp] Peter George.

I agree with both of you that a further application under the Harmful Digital Communications Act might be appropriate, but this time for a complete close down, and I further accept that proceedings under section 24 of the Defamation Act 1992, would also be appropriate for you both.

I have invited professionals that can advise you Mr Spring, in particular given Mr Georges inimical contact with your ex employer, who I understand is prepared to give evidence.  They have advised that the entire proceedings would be held in Auckland.

Such an application would need to be made on notice to Mr George.  George will likely represent himself which would be an issue, and I suggest that an application for Amicus to assist Mr George might be necessary.

Mr George has lied in his recent subs to the Court, and this will be proved to the Criminal Standard by your evidence to the High Court at Dunedin.

I look forward to your presence tomorrow.  At your instructions, Mr Slater, I have ordered in catering for 14, and an international video link in relation to one of your supporters.

Kindest regards

Dermot Nottingham

I wonder if the international ‘supporter’ is @laudafinem from the Netherlands (ex Australia, ex New Zealand), another brother. or it could be just more bluster.

Claims in that are laughable and ridiculous, but typical of numerous threats of further litigation and ‘investigations’. My wife has also been threatened, my brother implicated, and my lawyer was threatened with being reported for misconduct if he didn’t get me to plead guilty.

Dermot Nottingham is generally regarded as the main offender, hence his prosecution. As described by the sentencing judge:

“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.”

“The leading mind” implies some sort of higher intelligence, which is debatable, but it could be true given the line up of associates.

But it is clear that there is a line up of associates alongside Nottingham, aiding and abetting and engaging in similar bullying, harassment and defamation. A common practice of Nottingham, Spring and Slater is to accuse others of what they themselves are guilty of doing – to the extent that sometimes their accusations sound almost like confessions, or revealing intent.

With the convictions and bankruptcy things have finally unravelled for Nottingham, and there could be more repercussions for him. Some of his associates may also find themselves under more scrutiny (Slater ‘already’ faces trial next month).

In my opinion this group of people have run despicable campaigns against many people, including possible defamation of judges, and allegations of judges and court officials being corrupt (for example allegations of court transcript tampering, and collusion with police and media as happened in the application to file charges against myself).

They may finally be held to account.

I am publishing this so that others who may have been or may be subject to their attention can know some of what they have done. I knew virtually nothing about them (apart from Slater) before they started their campaign of harassment against me. If I knew what sort of people I was dealing with I would have approached things differently – in particular I would have pushed much harder for the courts to not let them abuse processes and ignore laws, court rules and court directions often with impunity for years.

My stuff is still dragging through the courts over three years after the prosecution charges were filed. others have been battling them and the court system for much longer – six years, eight years.

There are signs that courts are finally getting tougher. Good.

I know of a number of others who say they have been subjected to egregious treatment by these people.

As the judge said on adjudicating bankruptcy:

During the five year period the defendant undertook numerous campaigns of harassment against a number of individuals, the most egregious and persistent of which were represented by the five complainants in the trial. I concluded that his conduct by publishing said articles, through other intimidating and harassing conduct – including threatening, watching, photographing, following – was either carried out by Dermot Nottingham or at his direction and that he knew his conduct was likely to cause the individuals to fear for their safety or the safety of family members.

Unquestionably these apparently groundless prosecutions have wreaked havoc with the lives of those wrongly accused of criminal activity. In my view, if Mr Nottingham’s bankruptcy puts an end to this practice on his part, then that is a public good.

I agree that putting an end to ‘this practice’ is in the public good. And I believe that making the public aware of what Nottingham and his associates have done is also in the public good.

 

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

“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.”

“He makes the concession…that he has never denied that he has supplied information to the website…”

Following a jury trial in the District Court in Auckland in April and May 2018  Dermot Nottingham was convicted of two breaches of non-publication orders, and five charges of criminal harassment. He was sentenced to a term of a maximum one year home detention. See NZH Blogger dodges prison over court suppression breaches, harassment campaigns

The offending largely involved a website laudafinem.com that has a notorious reputation for posting many breaches of suppression as well as numerous attacks on many people, including judges, lawyers, police officers, pooliticians, journalists, business people (and businesses), and individuals – including me and two individuals who participated here.

I think that there is public interest in Nottingham’s connection with laudafinem.com be made known, as many people have been subjected to attacks and defamation.

Open justice is an important part of our country.

From a court document that is a public document (not yet available online):

[13] The detective sergeant’s efforts to establish links between Mr Nottingham and the Lauda Finem website led to an expansion of the investigation once he discovered a number of Lauda Finem articles which indicated several campaigns of harassment against individuals identified in those articles.

Conduct included:

  • Repetitively publishing articles on Lauda Finem containing fictitious, offensive and defamatory material.
  • Repetitively publishing articles on Lauda Finem about associates and family members containing fictitious, offensive and defamatory material about those persons.
  • Obtaining private photographs of the complainants and family and publishing those on Lauda Finem.
  • Photographing or causing to be photographed for publication on Lauda Finem.
  • Recording communications for publication on Lauda Finem m conjunction with offensive and defamatory material.

[18] It was clear to me that, for some of the complainants, life over an extended period of time had been made very uncomfortable and distressing, in some cases affecting the daily lives of some complainants whose reputations in their community had been so badly maligned as to cause them to withdraw within themselves.

[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.

[23] During that five year period the defendant undertook numerous campaigns of harassment against a number of individuals, the most egregious and persistent of which were represented by the five complainants in the trial. I concluded that his conduct by publishing said articles, through other intimidating and harassing conduct – including threatening, watching, photographing, following – was either carried out directly by Dermot Nottingham or at his direction and that he knew his conduct was likely to cause the individuals to fear for their safety or the safety of family members.

[24] It was plain to me from the evidence that a number of these courses of conduct started with Mr Nottingham crossing the path of the individual complainant, either in his own capacity or on behalf of another individual, acting as their advocate. Initially, it is possible in some instances that Mr Nottingham reasonably believed he had legitimate concerns or complaints. However, rather than pursuing those complaints by lawful and reasonable means, he adopted a combative approach, I have to say reminiscent of his approach generally to the authorities and even to this Court, where he sought to achieve his goals or obtain justice by resorting to personal attack. Mr Nottingham seems to believe that, when it comes to informal media through blog sites and social media, “anything goes”.

[25] It is important to recognise and note at this stage that mainstream media are subject to codes of conduct which avoid the type of abusive and threatening articles being published in mainstream media, but bloggers and other persons who carry out their personal attacks through the medium of the Internet seem to feel that they are not bound by similar moral codes of conduct. Mr Nottingham seeks to justify and make
lawful his conduct towards others by reference to the conduct of other bloggers who habitually take an aggressive and attacking approach in purporting to uncover corruption and injustice. Further, Dermot Nottingham seeks to argue that the prosecution of him discloses bias and unfairness on the part of the police, the Crown and the Court, because others are doing similar things and getting away with it.

[26] I proceed on the basis that two wrongs do not make a right. Individuals can never escape the consequences of their unlawful conduct simply by pointing to someone else who is similarly acting unlawfully. It must also be said in the context of the evidence in this case that the degree of attack, abuse, harassment and its relentless nature appears to be far worse in Dermot Nottingham’s case than in the examples he relies upon to claim unfair and biased treatment.

[28] …The Crown submits that the key purpose of sentencing in this case should be to hold the offender accountable for the harm done to the victims, to denounce his conduct and to deter him and others from offending in a similar manner. I accept that those purposes apply in this case.

[29] The Crown further proposes that there are a number of aggravating features to the criminal harassment charges, namely the extent of the harm. The allegations against the complainants included that that they were alcoholics, used drugs, were promiscuous or were corrupt professionals and public officials. The Crown characterised the language used by Mr Nottingham as malicious, misogynistic and entirely abhorrent. Without the need for me to repeat any of those specific offensive allegations, I concur with the summary of Mr Nottingham’s conduct. I also accept that those aggravating features are present.

[31] The third aggravating feature as proposed by the Crown is that the offender, Dermot Nottingham, clearly researched his targets extensively and published intimate and personal details, including making reference to friends and family, photographs of homes and cars and their licence plates. The level of research and preparation for a number of these articles demonstrates, the Crown says, a high degree of premeditation.

[32] Finally, the Crown submits that another aggravating feature, being the number and seriousness of the offences, is present, relating not only to the number of complainants, but also the persistence and time over which that harassment was carried out or continued. I accept that all three of those aggravating features are present in this case and to a high degree.

[38] I turn now to Mr Nottingham’s position, or his submissions on sentencing. In his written submissions, Dermot Nottingham, as I have previously indicated, relies on the proposition that the Lauda Finem website treated the complainant no differently to anyone else it reports on; for instance, like Mr Slater does on his website. He makes the concession at paragraph 32 of his submissions that he has never denied that he has supplied information to the website, although he maintains his denial that he is the leading mind of that website or has any significant control over its operators

[40] On the subject of cumulative sentences, Mr Nottingham simply states that is not appropriate. Further, he submits that imprisonment is not appropriate and he seeks to focus on the behaviours of the complainants, presumably to suggest that his conduct towards them was, at some level, justifiable.

[42] Not only does such a statement reinforce the contempt with which
Mr Nottingham holds the decisions of the Court and the non-publication orders, but establishes beyond doubt that Mr Nottingham harbours no sense of remorse in relation to any of this offending.

[52]  Mr Nottingham does not qualify for any consideration of reduction of sentence for guilty pleas, or indeed for remorse. He has doggedly defended the allegations and required the complainants to give evidence. Although this does not add to the sentence I impose, it highlights why Mr Nottingham is not entitled to any discount for remorse or acceptance.

[53] In his written submissions, Mr Nottingham makes it plain that he disagrees with the findings of the jury and challenges many of the rulings of the Court. As is characteristic of his approach to legal proceedings, I anticipate that Mr Nottingham will pursue all avenues of review and appeal and is unlikely ever to accept that what he did was not only unlawful, but reprehensible.

[59] Mr Nottingham, the message to you and to others by way of deterrence is that “anything goes” is wrong. The right to free speech or freedom of expression is not a paramount right. It must be balanced against the competing rights of others in the community to be free from harassment, to be protected from harm by others who malign, abuse, threaten and undermine their peace and safety. Your activities were not harmless. Nor were they justified by your sense of injustice or unfairness. They were destructive of good order and good human relations. They were misconceived and wholly disproportionate to the harm or injustice that you believed you and others had suffered.

Given his extensive record Nottingham is likely to appeal everything he can. The Crown may also appeal the sentence – they sought a substantial prison sentence.

There are also some important lessons for bloggers in the judge’s comments.

“He makes the concession…that he has never denied that he has supplied information to the website…”

I dispute that, but that’s for another story.

I will note however that on the Lauda Finem website it was often denied that ‘Team LF’ included people in New Zealand, even though it was obvious they used a large amount of New Zealand sourced material, their posts were almost exclusively New Zealand subjects, and their campaigns had things in common with campaigns on other websites.

Nottingham has not been acting alone in all of this (the court suggested a prominent role), but associates are for another story.

The laudafinem.com website started up in July 2010, and was shut down by a New Zealand court order in late 2016. Another site was set up but ceased activity in March 2017.


NOTE: This case was subject to suppression (non-publication orders) – and the private prosecutions of myself and three others were also bound by this. I have been advised by the court that this suppression lapsed on the sentencing of Nottingham.

However the case involves other cases that are still subject to non-publication orders (suppressed), so details on them must not be published.

Due to on-going suppression orders comments here will be strictly moderated. Do not try to identify anyone who is not named in the quotes from the court document here in any way.

Dermot Nottingham adjudicated bankrupt

I believe there is significant public interest providing this information.

Yesterday (11 September 2018) in the Auckland High Court Dermot Gregory Nottingham was adjudicated bankrupt, with claimed debts of about $2 million “yet he claims to be penniless”. That amount includes about a quarter of a million dollars in court costs owed to a number of ex-defendants in unsuccessful public prosecutions,

It has taken about a year to get to this point. Some background in this judgment: HONEY & Ors v NOTTINGHAM [2018] NZHC 575 [29 March 2018]

In July Nottingham tried to avoid bankruptcy by putting a proposal to creditors. If more than 50% of creditors with more than 75% of the debt vote in favour of a proposal it can be considered for acceptance by a court as an alternative to bankruptcy.

The proposal passed a vote:

[13] As I understand it, insofar as the critical question of whether to accept or reject the proposal is concerned, Mr Nottingham’s judgment creditors, Mr and Mrs Honey and Mr Taka, HT & E, Mr Prentice, Allied Press and Mr George, voted against the proposal and all other creditors voted for it. The number and value of the votes in favour of the proposal dwarfed those of the judgment creditors. Accordingly, a resolution to accept the proposal was passed.

But this was appealed because many of the alleged creditors provided no evidence. Regulation 12 stipulates that creditor claim forms must “have attached to it evidence of the debt and any other evidence supporting the claim.”

[23] On the evidence I am satisfied that none of the creditors whose claims are the subject of this appeal lodged claims with [proposed trustee] Mr Whitley which came remotely close to complying with Regulation 12.

These include claims of over $1.2 million from associates of Nottingham – Phillip Nottingham, Earle McKinney, Marc Spring and Cameron Slater – who have been involved in various litigations with Dermot Nottingham (including the attempted prosecution of me) .

[28] In my judgment, Mr and Mrs Honey and Mr Taka have established that Mr Whitley was wrong to have accepted the claims of the general creditors and allowed them to vote. I propose to allow the appeal and overturn his decision.

Mr Nottingham’s application for approval of his proposal

[29] The effect of overturning Mr Whitley’s decision to accept the claims of all creditors who voted in favour of the proposal entirely undermines the vote in favour of the proposal at the meeting. It means that 100 per cent of those creditors eligible to vote voted against the proposal. In those circumstances, there is no question of approving the proposal.

The judge then moved on to the bankruptcy application, which as well as the original application had another argument.

[39] There is a further consideration namely that Mr Nottingham has, since Mr and Mrs Honey and Mr Taka commenced their proceedings for an order that he be adjudicated bankrupt, put a proposal to his creditors in which he asserts that he has no assets and debts in the order of $2 million. As Associate Judge Christiansen said in
Re Wesley Liddle the presentation of a proposal by an insolvent to his or her creditors evidencing significant indebtedness may itself be an independent act of bankruptcy in terms of s 22 of the Insolvency Act where it carries the implication that he does not intend to meet his financial obligations.

[40] Mr and Mrs Honey and Mr Taka have now filed and served an amended application dated 6 August 2018 referring to this second possible act of bankruptcy on Mr Nottingham’s part.

[41] There is nothing in any of the arguments which Mr Nottingham advanced in opposition to the application of Mr and Mrs Honey and Mr Taka which persuades me that I should exercise my discretion by declining to make an order adjudicating him bankrupt.

[42] On the contrary, as Mr Grove submitted, there is, in this case, a significant public interest in making such an order.

[43] Mr Nottingham has a demonstrated history of commencing private prosecutions against individuals in which he has thus far been entirely unsuccessful.

He was unsuccessful in such a private prosecution against me. After eleven months of trying he withdrew the charges in June 2016. Costs were subsequently awarded against him, and that is the debt I claim as one of the creditors.

[44] Unquestionably these apparently groundless prosecutions have wreaked havoc with the lives of those wrongly accused of criminal activity. In my view, if Mr Nottingham’s bankruptcy puts an end to this practice on his part, then that is a public good.

[45] Furthermore, as Mr Grove also submits, whilst there may be some room for doubt as to whether all of those persons who claim to be creditors of Mr Nottingham and who filed the claims in the context of his proposal that I have overturned are all bone fide creditors, if they are, it would seem that Mr Nottingham’s creditors have paid to him something in the order of $2 million (in cash or value) over recent years and yet he claims to be penniless. In my view, there is a public interest in Mr Nottingham being bankrupted so that the Official Assignee can investigate his affairs to establish whether all of these claims are legitimate and if so what has happened to the $2 million which Mr Nottingham has received but claims no longer to have available to him.

[46] For those reasons, I propose to make an order adjudicating Mr Nottingham bankrupt on the application of Mr and Mrs Honey and Mr Taka.

Given his history of litigation and appeals and threats to appeal this is unlikely to be the end of the matter, but as of 3:30 pm 11 September 2018 Nottingham is adjudicated bankrupt.

Further to “these apparently groundless prosecutions have wreaked havoc with the lives of those wrongly accused of criminal activity”, Nottingham was convicted and sentenced on five charges of criminal harassment (and two or breaching suppression). from the sentencing notes:

During the five year period the defendant undertook numerous campaigns of harassment against a number of individuals, the most egregious and persistent of which were represented by the five complainants in the trial. I concluded that his conduct by publishing said articles, through other intimidating and harassing conduct – including threatening, watching, photographing, following – was either carried out by Dermot Nottingham or at his direction and that he knew his conduct was likely to cause the individuals to fear for their safety or the safety of family members.

Nottingham has not acted alone.

It must also be said in the context of the evidence in this case that the degrees of attack, abuse, harassment and it’s relentless nature appears to be far worse in Dermot Nottingham’s case than in the examples he relies on to claim unfair or biased treatment.

He was sentenced to 12 months home detention – see Blogger dodges prison over court suppression breaches, harassment campaigns. That and the bankruptcy are unlikely to be the end of the matters.

In my case Nottingham’s first appeal against costs (High Court) was unsuccessful. He is now seeking leave from the Court of Appeal with a hearing set for next month. It is now over three years since this saga started (in July 2015). Another appeal is pending in another matter (with some common links) in the Court of Appeal this month.