ACP PUBLISHING PTY LIMITED v PACIFIC PUBLICATIONS PTY LTD [1999] NSWCA 46

ACP PUBLISHING PTY LIMITED v PACIFIC PUBLICATIONS PTY LTD [1999] NSWCA 46

The claimant established serious questions to be tried, and although both parties faced difficulty proving damages, the claimant's commercial interest in sales of the relevant Woman's Day issue justified only a short continuation of injunctive restraint. The balance of convenience supported restraining the opponent until 11.59 p.m. on Friday 5 March 1999, but not beyond that time because the claimant's relevant commercial interest was expiring and the opponent had a potentially legitimate interest in promoting forthcoming New Idea publications.

Jurisdiction
Australia
Judgment Date
04 March 1999
Procedural Posture
Court of Appeal Interlocutory Injunction / Application for an Interlocutory Injunction After Young J Refused to Continue an Ex Parte Injunction Granted by Hodgson CJ in Eq
Outcome
Injunction granted on a limited basis until 11.59 p.m. on Friday 5 March 1999.
Legal Topics
['interlocutory Injunction' 'balance of Convenience' 'injurious Falsehood' 'misleading and Deceptive Conduct' 'reverse Passing Off' 'trade Practices Act 1974 (cth) S 52']
['equity' 'consumer Law' 'torts' 'intellectual Property'] ['interlocutory Injunction' 'balance of Convenience' 'injurious Falsehood' 'misleading and Deceptive Conduct' 'reverse Passing Off' 'trade Practices Act 1974 (cth) S 52']

Case Brief

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Procedural Posture

Court of Appeal Interlocutory Injunction / Application for an Interlocutory Injunction After Young J Refused to Continue an Ex Parte Injunction Granted by Hodgson CJ in Eq

Legal Issues

  1. 1 ['Whether the claimant established serious questions to be tried on injurious falsehood, breach of s 52 of the Trade Practices Act, and reverse passing off.' 'Whether the balance of convenience justified continuing injunctive restraint against the opponent.' 'Whether damages for either party would be reasonably capable of assessment if injunctive relief were refused or granted.']

Ratio Decidendi

The claimant established serious questions to be tried, and although both parties faced difficulty proving damages, the claimant's commercial interest in sales of the relevant Woman's Day issue justified only a short continuation of injunctive restraint. The balance of convenience supported restraining the opponent until 11.59 p.m. on Friday 5 March 1999, but not beyond that time because the claimant's relevant commercial interest was expiring and the opponent had a potentially legitimate interest in promoting forthcoming New Idea publications.

Court Disposition

Injunction granted on a limited basis until 11.59 p.m. on Friday 5 March 1999.

Orders

  • ["The opponent, by its servants and agents, be restrained from representing to the public or to other publishers or broadcasters that Andrew Golden's interview which Monica Lewinsky published in the Woman's Day bearing date 8 March 1999 is a hoax or otherwise fictitious until 11.59 p.m. on Friday 5 March 1999." 'The...