Advanced Medical Institute Pty Ltd & Anor v Channel Seven Sydney Pty Ltd [2007] NSWSC 793

Advanced Medical Institute Pty Ltd & Anor v Channel Seven Sydney Pty Ltd [2007] NSWSC 793

The defendant's application was not to be determined by asking whether an interlocutory defamation injunction should now be granted, because the defendant had consented to undertakings until further order. The proper inquiry was whether evidence established good grounds, including a significant change of circumstances or facts not reasonably knowable when the undertakings were given. The Federal Court proceedings commenced by the ACCC, the resulting corrective advertising regime, Lindgren J's public judgment concerning misleading or deceptive conduct, subsequent media scrutiny, and the plaintiffs' active promotion and public discussion of their products and services materially changed the...

Jurisdiction
Australia
Judgment Date
24 July 2007
Procedural Posture
Defamation Proceedings Concerning Undertakings Restraining Publication / Defendant's Notice of Motion Filed 3 July 2007 Seeking Release From Undertakings Given on 16 October 2003
Outcome
Defendant released from undertakings; non-publication order revoked; plaintiffs ordered to pay defendant's costs.
Legal Topics
['undertakings Until Further Order' 'interlocutory Restraints on Publication' 'discharge or Variation of Undertakings' 'significant Change of Circumstances' 'non Publication Order']
['defamation' 'civil Procedure' 'injunctions'] ['undertakings Until Further Order' 'interlocutory Restraints on Publication' 'discharge or Variation of Undertakings' 'significant Change of Circumstances' 'non Publication Order']

Case Brief

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Procedural Posture

Defamation Proceedings Concerning Undertakings Restraining Publication / Defendant's Notice of Motion Filed 3 July 2007 Seeking Release From Undertakings Given on 16 October 2003

Legal Issues

  1. 1 ['Whether the defendant should be released from undertakings given until further order on 16 October 2003.' 'Whether the application should be determined by principles governing interlocutory injunctions in defamation proceedings or by general principles governing discharge or variation of undertakings.' 'Whether the defendant established a significant change of circumstances sufficient to justify release from the undertakings.']

Ratio Decidendi

The defendant's application was not to be determined by asking whether an interlocutory defamation injunction should now be granted, because the defendant had consented to undertakings until further order. The proper inquiry was whether evidence established good grounds, including a significant change of circumstances or facts not reasonably knowable when the undertakings were given. The Federal Court proceedings commenced by the ACCC, the resulting corrective advertising regime, Lindgren J's public judgment concerning misleading or deceptive conduct, subsequent media scrutiny, and the plaintiffs' active promotion and public discussion of their products and services materially changed the...

Court Disposition

Defendant released from undertakings; non-publication order revoked; plaintiffs ordered to pay defendant's costs.

Orders

  • ['The defendant is released from the undertakings given by it on 16 October 2003.' 'I revoke the non-publication order made by me on 11 July 2007.' "The plaintiffs are to pay the defendant's costs."]