Greenwich v Latham (No 2) [2025] FCA 131

Greenwich v Latham (No 2) [2025] FCA 131

Given the absence of a real or appreciable risk that Mr Latham will repeat or republish the defamatory imputation, it is not appropriate to grant permanent injunctive relief. The applicant has not established by evidence any current threat of repetition after the primary judgment, and the case does not present the additional factors justifying an injunction. The application for a permanent injunction is dismissed.

Parties
Applicant: Alexander Greenwich; Respondent: Mark William Latham
Jurisdiction
Australia
Judgment Date
26 February 2025
Procedural Posture
Defamation / Application for Permanent Injunction—post Judgment
Outcome
Application for permanent injunction dismissed
Legal Topics
Permanent Injunction, Republication of Defamation, Adequacy of Damages, Freedom of Communication, Remedies in Defamation
Defamation Permanent Injunction Republication of Defamation Adequacy of Damages Freedom of Communication Remedies in Defamation

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Parties

Alexander Greenwich

Applicant

Mark William Latham

Respondent

Procedural Posture

Defamation / Application for Permanent Injunction—post Judgment

Legal Issues

  1. 1 Whether a permanent injunction should be granted to restrain republication of defamatory imputation
  2. 2 Whether there is a real or appreciable risk of republication of the defamation
  3. 3 Whether damages are an adequate remedy in this context

Ratio Decidendi

Given the absence of a real or appreciable risk that Mr Latham will repeat or republish the defamatory imputation, it is not appropriate to grant permanent injunctive relief. The applicant has not established by evidence any current threat of repetition after the primary judgment, and the case does not present the additional factors justifying an injunction. The application for a permanent injunction is dismissed.

Court Disposition

Application for permanent injunction dismissed

Orders

  • The applicant's application for permanent injunctive relief is dismissed.
  • Unless costs can be resolved by agreement, parties may address the question orally at hearing on 18 March 2025.