Gair v Greenwood (No. 2) [2019] NSWDC 741

Gair v Greenwood (No. 2) [2019] NSWDC 741

Given the history of the defendant's non-compliance, repeated publication of defamatory material, threats to further publish, and the entry of judgment for the plaintiffs, the balance of convenience overwhelmingly favours the grant of interlocutory injunctive relief restraining publication pending final hearing of damages and further orders. The application to restrain the plaintiffs' solicitor is refused due to lack of credible evidence.

Parties
First Plaintiff: Thomas Duncan Gair; Second Plaintiff: Garry Maurice Turland; Defendant: Adam Haig Greenwood
Jurisdiction
Australia
Judgment Date
11 December 2019
Procedural Posture
Civil / Post Judgment; Interlocutory and Procedural Rulings Prior to Assessment of Damages
Outcome
Interlocutory injunction granted; defendant's application refused; damages hearing set; issue of costs reserved.
Legal Topics
Injunctions, Online Publication, Case Management, Assessment of Damages, Summary Judgment
Defamation Civil Procedure Injunctions Online Publication Case Management Assessment of Damages Summary Judgment

Case Brief

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Parties

Thomas Duncan Gair

First Plaintiff

Garry Maurice Turland

Second Plaintiff

Adam Haig Greenwood

Defendant

Procedural Posture

Civil / Post Judgment; Interlocutory and Procedural Rulings Prior to Assessment of Damages

Legal Issues

  1. 1 Whether to grant interim or permanent injunctive relief restraining the defendant from publishing defamatory material about the plaintiffs
  2. 2 Whether to refuse the defendant's application to restrain the plaintiffs' solicitor
  3. 3 Whether to extend time for compliance relating to orders, including discovery and interrogatories

Ratio Decidendi

Given the history of the defendant's non-compliance, repeated publication of defamatory material, threats to further publish, and the entry of judgment for the plaintiffs, the balance of convenience overwhelmingly favours the grant of interlocutory injunctive relief restraining publication pending final hearing of damages and further orders. The application to restrain the plaintiffs' solicitor is refused due to lack of credible evidence.

Court Disposition

Interlocutory injunction granted; defendant's application refused; damages hearing set; issue of costs reserved.

Orders

  • These proceedings are set down for hearing as an assessment of damages only on 5 May 2020, subject to any application to set aside previous orders under r 36.16 UCPR.
  • Time for compliance with previous orders extended to accommodate service of judgment.