Khalid v Channel Seven Sydney Pty Ltd [2014] NSWSC 9

Khalid v Channel Seven Sydney Pty Ltd [2014] NSWSC 9

On the limited and one-sided affidavit material, there was a serious question to be tried that an enforceable agreement gave the plaintiffs final say over any story using their interview material. The possible reputational harm from depiction as extremists or dupes of extremists was significant, and the balance of convenience favoured a limited injunction to preserve the position and allow the defendants to put on evidence.

Jurisdiction
Australia
Judgment Date
20 January 2014
Procedural Posture
Common Law Interlocutory Application for Injunction in Respect of Television Broadcast Alleging Breach of Contract / Urgent Application for Interlocutory Injunctive Relief Brought After Court Hours
Outcome
Interlocutory injunction granted for a limited period; proceedings stood over; costs reserved.
Legal Topics
['interlocutory Injunction' 'breach of Contract' 'television Broadcast' 'editorial Control' 'adequacy of Damages' 'balance of Convenience']
['contract Law' 'equity' 'media Law'] ['interlocutory Injunction' 'breach of Contract' 'television Broadcast' 'editorial Control' 'adequacy of Damages' 'balance of Convenience']

Case Brief

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Procedural Posture

Common Law Interlocutory Application for Injunction in Respect of Television Broadcast Alleging Breach of Contract / Urgent Application for Interlocutory Injunctive Relief Brought After Court Hours

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the plaintiffs had a contractual entitlement to review and approve any story using interview material before broadcast.' 'Whether damages would be an adequate remedy for the plaintiffs if the broadcast occurred.' 'Whether the balance of convenience favoured granting a limited interlocutory injunction.' 'Whether free speech considerations applicable to interlocutory injunctions restraining defamatory publication affected a breach of contract claim based on alleged editorial control.']

Ratio Decidendi

On the limited and one-sided affidavit material, there was a serious question to be tried that an enforceable agreement gave the plaintiffs final say over any story using their interview material. The possible reputational harm from depiction as extremists or dupes of extremists was significant, and the balance of convenience favoured a limited injunction to preserve the position and allow the defendants to put on evidence.

Court Disposition

Interlocutory injunction granted for a limited period; proceedings stood over; costs reserved.

Orders

  • ['Upon the plaintiffs by their counsel giving the usual undertaking as to damages, the defendants be restrained up to and including 6:00pm on Thursday 23 January 2014 from broadcasting or publishing the recorded images or spoken words of the plaintiffs obtained during any interview of them by the second or third...