Azbuild Pty Limited v Fairfax Media Publications [2010] NSWSC 1080

Azbuild Pty Limited v Fairfax Media Publications [2010] NSWSC 1080

The application was dismissed because the traditional reluctance to grant injunctions for pure defamation was not overcome, there was unexplained delay in bringing the application, and lack of disclosure of relevant ICAC findings weighed against the exercise of discretion in favour of the plaintiffs.

Parties
Plaintiff: Azbuild Pty Limited; Defendant: Fairfax Media Publications; Plaintiff: Mr Kevin Azzopardi
Jurisdiction
Australia
Judgment Date
10 September 2010
Procedural Posture
Interlocutory Injunction / Ex Parte Application
Outcome
Injunction refused
Legal Topics
Interlocutory Injunctions, Defamation, Restraint of Publication
Equity Interlocutory Injunctions Defamation Restraint of Publication

Case Brief

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Parties

Azbuild Pty Limited

Plaintiff

Fairfax Media Publications

Defendant

Mr Kevin Azzopardi

Plaintiff

Procedural Posture

Interlocutory Injunction / Ex Parte Application

Legal Issues

  1. 1 Whether injunction should restrain threatened publication of alleged defamatory material
  2. 2 Whether delay and nondisclosure affect grant of injunction

Ratio Decidendi

The application was dismissed because the traditional reluctance to grant injunctions for pure defamation was not overcome, there was unexplained delay in bringing the application, and lack of disclosure of relevant ICAC findings weighed against the exercise of discretion in favour of the plaintiffs.

Court Disposition

Injunction refused

Orders

  • Proceedings to be listed before Registrar on 14 September 2010 at 9am
  • Plaintiffs to serve defendants with summons, motion, and affidavits by 10am on 13 September 2010