Carlovers Carwash Limited & 5 Ors v Sahathevan [2000] NSWSC 947

Carlovers Carwash Limited & 5 Ors v Sahathevan [2000] NSWSC 947

The defendant established on the balance of probabilities that he was a freelance journalist carrying on the business of providing information and that the relevant emails were sent in the course of that business. He was therefore entitled to the protection of s 60 of the Fair Trading Act 1987, and that protection was not displaced merely by allegations of motive, bias, self-interest or prejudice. The injunction restraining publication should therefore be dissolved and discharged.

Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Proceedings Seeking Interlocutory and Final Injunctive Relief for Alleged Misleading or Deceptive Representations, Malicious Falsehood and Defamation / Notice of Motion to Discharge Interlocutory Injunction
Outcome
The defendant's motion to dissolve and discharge the interlocutory injunction was granted.
Legal Topics
['interlocutory Injunction' 'misleading or Deceptive Conduct' 'prescribed Information Provider' 'publication by Journalist' 'discharge of Consent Injunction']
['defamation' 'fair Trading' 'civil Procedure'] ['interlocutory Injunction' 'misleading or Deceptive Conduct' 'prescribed Information Provider' 'publication by Journalist' 'discharge of Consent Injunction']

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Procedural Posture

Proceedings Seeking Interlocutory and Final Injunctive Relief for Alleged Misleading or Deceptive Representations, Malicious Falsehood and Defamation / Notice of Motion to Discharge Interlocutory Injunction

Legal Issues

  1. 1 ['Whether the interlocutory injunction made by consent on 17 February 2000 should be dissolved and discharged.' 'Whether the defendant was a freelance journalist carrying on the business of providing information for the purposes of s 60 of the Fair Trading Act 1987.' "Whether the relevant emails were published in the course of the defendant's business as an information provider." 'Whether alleged motive, bias, self-interest or malice deprived the defendant of the protection of s 60 of the Fair Trading Act 1987.' 'Whether injunctive restraint was appropriate in relation to alleged defamatory matter and alleged s 42 Fair Trading Act conduct.']

Ratio Decidendi

The defendant established on the balance of probabilities that he was a freelance journalist carrying on the business of providing information and that the relevant emails were sent in the course of that business. He was therefore entitled to the protection of s 60 of the Fair Trading Act 1987, and that protection was not displaced merely by allegations of motive, bias, self-interest or prejudice. The injunction restraining publication should therefore be dissolved and discharged.

Court Disposition

The defendant's motion to dissolve and discharge the interlocutory injunction was granted.

Orders

  • ['The order made on 17 February 2000 and entered on 10 March 2000, as varied on 17 August 2000, restraining the defendant, his servants and agents, from publishing anywhere in the world the allegations contained in the email messages annexed as "A" and "G" to the affidavit of Andrew Kok Leng Teh sworn 9 February...