Re.Group Pty Ltd v Kazal [2016] FCA 1485

Re.Group Pty Ltd v Kazal [2016] FCA 1485

The applicants established a prima facie case that the respondents made false and malicious statements published to third parties, causing actual or threatened damage to the applicants' business interests, thus warranting interlocutory injunctive relief. Balance of convenience strongly favoured the applicants.

Jurisdiction
Australia
Judgment Date
06 December 2016
Procedural Posture
Interlocutory Application / Interlocutory (orders on Interim Injunction)
Outcome
Interlocutory injunction granted in terms sought; costs in the cause; liberty to apply on 48 hours' notice.
Legal Topics
['injurious Falsehood' 'copyright' 'interlocutory Injunctions']
['torts' 'intellectual Property'] ['injurious Falsehood' 'copyright' 'interlocutory Injunctions']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory (orders on Interim Injunction)

Legal Issues

  1. 1 ['Whether interlocutory relief should be granted restraining alleged copyright infringement and publication of injurious falsehoods against the applicants' 'Whether the requirements for the tort of injurious falsehood have been established on a prima facie basis']

Ratio Decidendi

The applicants established a prima facie case that the respondents made false and malicious statements published to third parties, causing actual or threatened damage to the applicants' business interests, thus warranting interlocutory injunctive relief. Balance of convenience strongly favoured the applicants.

Court Disposition

Interlocutory injunction granted in terms sought; costs in the cause; liberty to apply on 48 hours' notice.

Orders

  • ['First and Second Respondents restrained from using specified photographs of Second Applicant in ways infringing copyright without permission, pending final determination or further order.' 'First and Second Respondents ordered to remove photographs of Second Applicant from vehicles, structures, and website within...