Byrnes v John Fairfax Publications Pty Ltd [2002] NSWSC 658

Byrnes v John Fairfax Publications Pty Ltd [2002] NSWSC 658

The alleged threats were not shown to have a sufficient nexus with the defamation proceedings, so the applications had to be considered independently of those proceedings. Although the Court has power to restrain threatened criminal conduct and the plaintiffs in the summons proceedings had standing, a threat of violence was not exceptional in itself and the ordinary statutory procedure for apprehended personal violence orders, including ex parte interim orders under the Crimes Act 1900, was available. There was also no sufficient emergency to justify an interim order.

Jurisdiction
Australia
Judgment Date
23 July 2002
Procedural Posture
Defamation Proceedings With Ex Parte Application for Injunctive Relief, and Separate Summons Seeking Similar Relief / Duty Judge Application After S 7 a Hearing in the Defamation Proceedings; Notice of Motion, Summons, and Interim Order Application Determined
Outcome
Notice of motion in proceedings 20465/00 dismissed; summons in the separate proceedings dismissed; application for interim order refused.
Legal Topics
['injunction to Restrain Threatened Criminal Conduct' 'threats of Violence' 'apprehended Personal Violence Orders' 'standing' 'exceptional Circumstances' 'contempt of Court']
['defamation' 'injunctions' 'criminal Law'] ['injunction to Restrain Threatened Criminal Conduct' 'threats of Violence' 'apprehended Personal Violence Orders' 'standing' 'exceptional Circumstances' 'contempt of Court']

Case Brief

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Procedural Posture

Defamation Proceedings With Ex Parte Application for Injunctive Relief, and Separate Summons Seeking Similar Relief / Duty Judge Application After S 7 a Hearing in the Defamation Proceedings; Notice of Motion, Summons, and Interim Order Application Determined

Legal Issues

  1. 1 ['Whether the alleged threats by Mr Byrnes had a sufficient nexus with the defamation proceedings to support relief in those proceedings or as contempt or conduct akin to contempt.' 'Whether the Court should grant an injunction restraining threatened criminal conduct.' 'Whether the availability of apprehended personal violence orders under the Crimes Act 1900 made injunctive relief inappropriate.' 'Whether an interim order should be granted pending an application for an apprehended violence order.']

Ratio Decidendi

The alleged threats were not shown to have a sufficient nexus with the defamation proceedings, so the applications had to be considered independently of those proceedings. Although the Court has power to restrain threatened criminal conduct and the plaintiffs in the summons proceedings had standing, a threat of violence was not exceptional in itself and the ordinary statutory procedure for apprehended personal violence orders, including ex parte interim orders under the Crimes Act 1900, was available. There was also no sufficient emergency to justify an interim order.

Court Disposition

Notice of motion in proceedings 20465/00 dismissed; summons in the separate proceedings dismissed; application for interim order refused.

Orders

  • ['The notice of motion in proceedings 20465/00 is dismissed.' 'The summons in the separate proceedings is dismissed.' 'The application for an interim order is refused.']