Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63

The High Court held that, absent a recognised legal or equitable right, and with no cause of action (such as defamation or breach of confidence), the Supreme Court of Tasmania had no basis to grant an interlocutory injunction to Lenah. The activities recorded were not confidential or private in the relevant legal...

Source-derived case information.

Parties
Appellant: Australian Broadcasting Corporation; Respondent: Lenah Game Meats Pty Ltd; Intervener: Attorney-General of the Commonwealth; Intervener: Attorney-General for the State of South Australia
Jurisdiction
Australia
Judgment Date
15 November 2001
Procedural Posture
Appeal / High Court of Australia Decision on Appeal From the Full Court of the Supreme Court of Tasmania
Outcome
Appeal allowed
Legal Topics
Interlocutory Injunctions, Equitable Remedies, Freedom of Political Communication, Tort of Privacy, Trespass to Land, Breach of Confidence, Adequate Remedy in Damages
Equity Constitutional Law Torts Practice and Procedure Interlocutory Injunctions Equitable Remedies Freedom of Political Communication Tort of Privacy +3 more

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Parties

Australian Broadcasting Corporation

Appellant

Lenah Game Meats Pty Ltd

Respondent

Attorney-General of the Commonwealth

Intervener

Attorney-General for the State of South Australia

Intervener

Procedural Posture

Appeal / High Court of Australia Decision on Appeal From the Full Court of the Supreme Court of Tasmania

Legal Issues

  1. 1 Whether the Supreme Court has power to grant interlocutory injunctive relief absent a recognised legal or equitable right
  2. 2 Whether Australian law recognises a tort of invasion of privacy
  3. 3 Whether a corporation can claim privacy rights

Ratio Decidendi

The High Court held that, absent a recognised legal or equitable right, and with no cause of action (such as defamation or breach of confidence), the Supreme Court of Tasmania had no basis to grant an interlocutory injunction to Lenah. The activities recorded were not confidential or private in the relevant legal sense, and Australian law does not presently recognise a general tort of privacy, particularly not for corporations. Consequently, Lenah could not establish a serious question to be tried or an equity to support interlocutory relief. Further, the implied constitutional freedom of political communication is relevant to any balancing exercise but was not decisive here as there was...

Court Disposition

Appeal allowed

Orders

  • Set aside Orders 1, 2 and 3 of the Full Court of the Supreme Court of Tasmania made on 2 November 1999
  • Order that the appeal to that Court be dismissed