ING (AUSTRALIA) LTD v MUSCAT [2003] NSWSC 1133

ING (AUSTRALIA) LTD v MUSCAT [2003] NSWSC 1133

The notice of motion to dismiss proceedings and dissolve the injunction was dismissed as the factual and legal circumstances previously found in December continued to exist, the balance of convenience favoured continuation of injunctive relief, the statutory bar on corporate defamation actions under s8A did not apply retrospectively, and the remedies under injurious falsehood and Fair Trading Act s42 remained available.

Jurisdiction
Australia
Judgment Date
27 November 2003
Procedural Posture
Notice of Motion / Interlocutory Application to Dismiss Proceedings and Dissolve Injunction
Outcome
notice of motion dismissed; costs awarded to plaintiff/respondent
Legal Topics
['application to Dismiss' 'dissolution of Injunction' "corporation's Right to Sue for Defamation" 'injunctive Relief Under Fair Trading Act' 'injurious Falsehood']
['defamation' 'injurious Falsehood' 'fair Trading'] ['application to Dismiss' 'dissolution of Injunction' "corporation's Right to Sue for Defamation" 'injunctive Relief Under Fair Trading Act' 'injurious Falsehood']

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Procedural Posture

Notice of Motion / Interlocutory Application to Dismiss Proceedings and Dissolve Injunction

Legal Issues

  1. 1 ['Whether proceedings should be dismissed' 'Whether interlocutory injunction restraining publication should be dissolved' 'Whether a corporation may bring an action in defamation after s8A Defamation Act' 'Availability of injunctive relief under s42 Fair Trading Act' 'Availability of remedy in tort of injurious falsehood']

Ratio Decidendi

The notice of motion to dismiss proceedings and dissolve the injunction was dismissed as the factual and legal circumstances previously found in December continued to exist, the balance of convenience favoured continuation of injunctive relief, the statutory bar on corporate defamation actions under s8A did not apply retrospectively, and the remedies under injurious falsehood and Fair Trading Act s42 remained available.

Court Disposition

notice of motion dismissed; costs awarded to plaintiff/respondent

Orders

  • ['Notice of motion filed 15 October 2003 dismissed' "Defendant/applicant to pay plaintiff/respondent's costs of the motion" 'Return of two exhibits in proceedings' 'Continuation of interlocutory orders made on 20 December 2002']