Goldberg v Voigt [2019] NSWDC 691

Goldberg v Voigt [2019] NSWDC 691

The case for the plaintiff was not sufficiently compelling to warrant the granting of an interlocutory injunction under s 46 District Court Act 1973 (NSW), given the need for particular caution in defamation cases, the limited dissemination and context of the new publication, and a lack of evidence that damages would not be an adequate remedy.

Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Civil / Interlocutory Application for Urgent Injunction
Outcome
Interlocutory injunction refused; other procedural orders made.
Legal Topics
['interlocutory Injunction' 'defamation—interim Relief' 'practice and Procedure—balance of Convenience']
['defamation' 'civil Procedure'] ['interlocutory Injunction' 'defamation—interim Relief' 'practice and Procedure—balance of Convenience']

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Procedural Posture

Civil / Interlocutory Application for Urgent Injunction

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to an urgent interlocutory injunction under s 46 District Court Act 1973 (NSW) to require the defendant to remove specified material from the internet' 'Whether damages would be an adequate remedy for the plaintiff if an injunction is not granted' 'Whether balance of convenience favours granting the interlocutory relief']

Ratio Decidendi

The case for the plaintiff was not sufficiently compelling to warrant the granting of an interlocutory injunction under s 46 District Court Act 1973 (NSW), given the need for particular caution in defamation cases, the limited dissemination and context of the new publication, and a lack of evidence that damages would not be an adequate remedy.

Court Disposition

Interlocutory injunction refused; other procedural orders made.

Orders

  • ["Plaintiff's application pursuant to s 46 District Court Act 1973 (NSW) for urgent interlocutory relief is refused." 'The defendant as a litigant in person is entitled to such reasonable disbursement as may be agreed or assessed, including but not limited to the disbursements of her appearance today.' 'Pursuant to...