MACQUARIE BANK LIMITED & ANOR v BERG [1999] NSWSC 526

MACQUARIE BANK LIMITED & ANOR v BERG [1999] NSWSC 526

The order sought is refused because, due to the nature of Internet publication, an injunction would restrain publication worldwide and exceed the proper limits of the court's injunctive power; furthermore, the discretion to grant interlocutory injunctions in defamation cases must be exercised with caution and is not warranted here, particularly given unenforceability and lack of clear issues for determination.

Jurisdiction
Australia
Judgment Date
02 June 1999
Procedural Posture
Defamation Injunction Application / Interlocutory Injunction Hearing
Outcome
Application dismissed
Legal Topics
['injunctions' 'publication on the Internet' 'jurisdiction' 'freedom of Speech']
['defamation'] ['injunctions' 'publication on the Internet' 'jurisdiction' 'freedom of Speech']

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

Defamation Injunction Application / Interlocutory Injunction Hearing

Legal Issues

  1. 1 ['Whether the Court should grant an injunction restraining the defendant from publishing allegedly defamatory material on the Internet within NSW' 'Whether the Court has jurisdiction to restrain conduct occurring outside its territorial boundaries' 'Whether the injunction would be enforceable' 'Whether an interlocutory injunction should be granted in defamation cases involving Internet publication']

Ratio Decidendi

The order sought is refused because, due to the nature of Internet publication, an injunction would restrain publication worldwide and exceed the proper limits of the court's injunctive power; furthermore, the discretion to grant interlocutory injunctions in defamation cases must be exercised with caution and is not warranted here, particularly given unenforceability and lack of clear issues for determination.

Court Disposition

Application dismissed

Orders

  • ['The application for interlocutory injunction is refused']