Supreme Court of NSW ... Three professional sportsmen obtain interlocutory injunctions pending determination of claim of breach of confidence ... Images of group chat messages taken by former girlfriend of one of the sportsmen ... Basis for investigation by ABC sports journalist ... Strong case for breach of confidence ... Suppression and non-publication orders necessary ... Editor Stephen Murray reports ... more
Category: Injunctions
Campbell v McIntyre
Federal Court of Australia ... Property marketer obtains interim restraining orders on former business partner ... Dispute over property development in Indonesia ... Claims of misleading and deceptive conduct and defamation ... Prima facie case for interim orders ... Balance of convenience ... Editor Stephen Murray reports ... more
SO v LL
Supreme Court of New South Wales ... Rare interlocutory injunction granted in respect of defamation claim ... Social media posts making allegations of criminal and egregious conduct ... Reluctance of courts to resolve defamation claims by way of injunction rather than damages ... Continuation of non-publication orders ... Editor Stephen Murray reports ... more
Greenwich v Latham (No 2)
Federal Court of Australia ... Independent MP Alex Greenwich fails in bid to obtain injunction against Mark Latham preventing republication of homophobic tweet ... Follows award of $140,000 in aggravated damages ... No appreciable risk of repetition or defiance ... Courts Editor Stephen Murray reports ... more
The Game Meats Company of Australia v Farm Transparency International Ltd
Federal Court of Australia ... Abattoir operators succeed in obtaining $130,000 in ordinary and exemplary damages for trespass by animal rights advocacy group ... Fail to obtain injunctions restraining use of video footage purportedly showing animal cruelty ... Claims of injurious falsehood, misleading and deceptive conduct and copyright breach considered ... Courts Editor Stephen Murray reports ... more
eSafety Commissioner v X Corp
Federal Court ... eSafety Commissioner loses bid for final injunction against X Corp ... Required worldwide removal of posts featuring video of stabbing of Assyrian Orthodox Bishop in Western Sydney ... Notice valid use of power ... Injunction sought went beyond what was reasonable ... Comity of nations ... Courts Editor Stephen Murray reports ... more
Tolga Kumova v Alan Francis Davison
Federal Court ... Mining investor Tolga Kumova fails in bid to prevent stocks tweeter from ever tweeting about him without leave of court ... Orders restraining @StockSwami tweeting about conduct up to date of order granted ... Indemnity costs of "insufficient and dishonest" discovery awarded ... Courts Editor Stephen Murray reports ... more
Thunder Studios Inc (California) v Kazal (No. 13)
Injunctions granted against Sydney businessmen ... Follows ruling that they defamed and falsely injured Australian businessman Rodric David ...Contest over proposed order requiring notice to be given to internet platform operators ... Order narrowed down to seven operators ... Courts Editor Stephen Murray reports ... more
Bastiaan v Nine Entertainment Co Holdings Limited
Nine investigative journalist restrained from approaching potential witnesses in defamation case without writing to seek consent ... Defamation case concerns allegations of branch stacking and misuse of publicly funded positions ... Prima facie case conduct would interfere with proper administration of justice ... Courts Editor Stephen Murray reports ... more
Daniel Lanzer & Anor v Australian Broadcasting Corporation & Ors
Federal Court ... Cosmetic surgeon's bid to restrain ABC from airing 4 Corners' story fails ... Justice John Nicholas found no prima facie case for final relief ... Daniel Lanzer sought to restrain use of material from former employees ... Argued breach of Corporations Act and employment contracts ... Damages adequate remedy ... Courts Editor Stephen Murray reports ... more
Daniel Lanzer & Anor v Australian Broadcasting Corporation & Ors
Federal Court ... High profile cosmetic surgeon seeks restraint on ABC from airing 4 Corners story ... Argues contracts with former employees prevents sharing of confidential information and impairing his reputation ... Anticipates "hatchet job" ... ABC submits impugned video little different from graphic videos shared on social media ... No evidence of inducement to breach contract ... Courts Editor Stephen Murray reports ... more
Webster v Brewer
"Vile" material posted on Facebook defaming federal National Party MP ... Federal Court grants interim injunction ... MP and husband's involvement in an organisation supporting young mothers ... Respondent believed to be in NZ ... Enforceability of the orders ... Damages unlikely to be an adequate remedy ... No defence with a prospect of success ... Exceptional circumstances ... Trans Tasman proceedings ... Stephen Murray reports ... more

