King and Anor v Greenwood [2021] NSWDC 228

King and Anor v Greenwood [2021] NSWDC 228

In the absence of a defence and given the ongoing publication of serious defamatory allegations by the defendant, the balance of convenience and seriousness of the imputations favour the grant of an interlocutory injunction restraining further defamatory publications.

Parties
First Plaintiff: Cristian Alexander King; Second Plaintiff: Jane Margaret King; Defendant: Adam Haig Greenwood
Jurisdiction
Australia
Judgment Date
03 June 2021
Procedural Posture
Civil / Interlocutory Application; Directions Hearing
Outcome
Interlocutory injunction granted; directions and timetabling orders made; costs reserved
Legal Topics
Defamation Law, Interlocutory Injunctions, Freedom of Speech, Pleadings, Defences in Defamation
Defamation Injunctions Defamation Law Interlocutory Injunctions Freedom of Speech Pleadings Defences in Defamation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Cristian Alexander King

First Plaintiff

Jane Margaret King

Second Plaintiff

Adam Haig Greenwood

Defendant

Procedural Posture

Civil / Interlocutory Application; Directions Hearing

Legal Issues

  1. 1 Whether an interlocutory injunction restraining publication of defamatory material should be granted in the absence of a defence being filed
  2. 2 Balance between freedom of speech and protection of reputation in granting prior restraint
  3. 3 Whether the plaintiffs are entitled to interlocutory relief given the continued publication by the defendant

Ratio Decidendi

In the absence of a defence and given the ongoing publication of serious defamatory allegations by the defendant, the balance of convenience and seriousness of the imputations favour the grant of an interlocutory injunction restraining further defamatory publications.

Court Disposition

Interlocutory injunction granted; directions and timetabling orders made; costs reserved

Orders

  • Time for the defendant to file a defence extended to 14 June 2021
  • Matter stood over to the Defamation List for directions on 17 June 2021