Australand Holdings Limited v Transparency & Accountability Council Incorporated [2008] NSWSC 669

Australand Holdings Limited v Transparency & Accountability Council Incorporated [2008] NSWSC 669

The Council's threat to publish and actual publication of certain findings and allegations about Australand was found to constitute injurious falsehood, as the statements were false or without foundation in most respects, and publication was malicious due to the improper purpose of pressuring Australand. However, the claims under the Fair Trading Act 1987 (NSW) failed because the Council's activities were not in trade or commerce as required by the Act. One allegation regarding breach of the Fair Trading Act was not proven false, so the injunction was limited accordingly.

Jurisdiction
Australia
Judgment Date
04 July 2008
Procedural Posture
Civil / Final Judgment
Outcome
Orders made partly in favour of the plaintiff; orders 1–4 granted with limitations; injunctive relief refused in part; claim under Fair Trading Act dismissed; defendants to pay half the plaintiff's costs.
Legal Topics
['injurious Falsehood' 'malice' 'fair Trading Act 1987 (nsw)' 'defamation' 'false or Misleading Conduct']
['torts' 'injurious Falsehood'] ['injurious Falsehood' 'malice' 'fair Trading Act 1987 (nsw)' 'defamation' 'false or Misleading Conduct']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether the publication of allegations by the defendants constitutes injurious falsehood' "Whether the defendants acted in 'trade or commerce' for purposes of s 42 Fair Trading Act 1987 (NSW)" 'Whether the conduct of the defendants was malicious' 'Whether the statements made were false or misleading' 'Whether actual damage was established']

Ratio Decidendi

The Council's threat to publish and actual publication of certain findings and allegations about Australand was found to constitute injurious falsehood, as the statements were false or without foundation in most respects, and publication was malicious due to the improper purpose of pressuring Australand. However, the claims under the Fair Trading Act 1987 (NSW) failed because the Council's activities were not in trade or commerce as required by the Act. One allegation regarding breach of the Fair Trading Act was not proven false, so the injunction was limited accordingly.

Court Disposition

Orders made partly in favour of the plaintiff; orders 1–4 granted with limitations; injunctive relief refused in part; claim under Fair Trading Act dismissed; defendants to pay half the plaintiff's costs.

Orders

  • ["Orders 1 to 4 sought in the Statement of Claim dated 16 January 2007 made, omitting 'the Fair Trading Act 1987 (NSW)' from item 3 in the Allegations in the schedule." "Plaintiff's claim seeking to restrain publication of allegation relating to breach of the Fair Trading Act 1987 (NSW) dismissed." "Plaintiff's...