AAMAC Warehousing & Transport Pty Limited & Ors v Fairfax Media Publications Pty Limited & Ors [2009] NSWSC 970

AAMAC Warehousing & Transport Pty Limited & Ors v Fairfax Media Publications Pty Limited & Ors [2009] NSWSC 970

The ex parte injunctions were discharged because the plaintiffs failed to disclose material facts regarding the true nature of entertainment on the South Pacific (strippers, not merely waitresses), Mr Clark's association and dealings with a convicted criminal (Mr Field), and the seriousness and nature of Mr Clark's prior convictions for revenue fraud—information which was relevant to the Court's determination of whether to grant injunctive relief restraining publication and whether there was a serious question to be tried; the failure was assessed as deliberate in at least some respects and the combined effect of the non-disclosures was serious.

Parties
First Plaintiff: AAMAC Warehousing & Transport Pty Limited (ACN 100 947 091); Second Plaintiff: Peter Panayi; Third Plaintiff: Bruce Clark; First Defendant: Fairfax Media Publications Pty Limited (ACN 003 357 720); Second Defendant: Linton Besser; Third Defendant: John Fairfax Limited (ACN 008 396 585); Fourth Defendant: Fairfax Media Limited (ACN 008 663 161)
Jurisdiction
Australia
Judgment Date
21 September 2009
Procedural Posture
Interlocutory Application in Equity for Injunctive Relief / Return and Hearing of Ex Parte Injunction; Determination of Application to Discharge Injunction for Material Non Disclosure
Outcome
Ex parte injunctions discharged for material non-disclosure
Legal Topics
Injunctions, Ex Parte Relief, Duty of Candour, Non Disclosure, Material Facts, Freedom of Publication
Equity Media Law Injunctions Ex Parte Relief Duty of Candour Non Disclosure Material Facts Freedom of Publication

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Parties

AAMAC Warehousing & Transport Pty Limited (ACN 100 947 091)

First Plaintiff

Peter Panayi

Second Plaintiff

Bruce Clark

Third Plaintiff

Fairfax Media Publications Pty Limited (ACN 003 357 720)

First Defendant

Linton Besser

Second Defendant

John Fairfax Limited (ACN 008 396 585)

Third Defendant

Fairfax Media Limited (ACN 008 663 161)

Fourth Defendant

Procedural Posture

Interlocutory Application in Equity for Injunctive Relief / Return and Hearing of Ex Parte Injunction; Determination of Application to Discharge Injunction for Material Non Disclosure

Legal Issues

  1. 1 Whether the plaintiffs failed to disclose material matters to the Court when seeking ex parte injunctive relief
  2. 2 Whether such non-disclosures warranted the discharge of the injunctions restraining publication
  3. 3 Whether discretion should be exercised to continue or renew relief despite non-disclosure

Ratio Decidendi

The ex parte injunctions were discharged because the plaintiffs failed to disclose material facts regarding the true nature of entertainment on the South Pacific (strippers, not merely waitresses), Mr Clark's association and dealings with a convicted criminal (Mr Field), and the seriousness and nature of Mr Clark's prior convictions for revenue fraud—information which was relevant to the Court's determination of whether to grant injunctive relief restraining publication and whether there was a serious question to be tried; the failure was assessed as deliberate in at least some respects and the combined effect of the non-disclosures was serious.

Court Disposition

Ex parte injunctions discharged for material non-disclosure

Orders

  • Orders 1 and 2 made on 24 June 2009 are discharged.
  • Operation of this order is stayed until 5.00pm on Thursday 24 September 2009.