Al Muderis v Duncan [2016] NSWSC 1363

Al Muderis v Duncan [2016] NSWSC 1363

There is a serious question to be tried regarding defamatory and injurious falsehood claims, with evidence that damages may not be adequate due to reputational harm and defendant's impecuniosity; the balance of convenience favours granting interlocutory relief given the likelihood of further harm and potential breach of an apprehended violence order; an interim injunction restraining publication is appropriate, pending an inter partes hearing.

Jurisdiction
Australia
Judgment Date
14 September 2016
Procedural Posture
Civil / Interlocutory Application, Ex Parte
Outcome
Interlocutory injunction granted to restrain publication of the defamatory website pending inter partes hearing.
Legal Topics
['interlocutory Injunction' 'ex Parte Procedure' 'injurious Falsehood' 'breach of Apprehended Violence Order' 'damages' 'balance of Convenience']
['defamation'] ['interlocutory Injunction' 'ex Parte Procedure' 'injurious Falsehood' 'breach of Apprehended Violence Order' 'damages' 'balance of Convenience']

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Procedural Posture

Civil / Interlocutory Application, Ex Parte

Legal Issues

  1. 1 ['Whether an interlocutory injunction should be granted to restrain further publication of alleged defamatory material' 'Whether there is a serious question to be tried as to entitlement to relief for defamation and injurious falsehood' 'Whether damages would be an adequate remedy for the plaintiff' 'Whether the publication constitutes breach of an apprehended violence order']

Ratio Decidendi

There is a serious question to be tried regarding defamatory and injurious falsehood claims, with evidence that damages may not be adequate due to reputational harm and defendant's impecuniosity; the balance of convenience favours granting interlocutory relief given the likelihood of further harm and potential breach of an apprehended violence order; an interim injunction restraining publication is appropriate, pending an inter partes hearing.

Court Disposition

Interlocutory injunction granted to restrain publication of the defamatory website pending inter partes hearing.

Orders

  • ['First, second and third defendants to suspend the domain name www.almuderis.co.' 'Orders 4 and 5 in the summons made until further order; proceedings stood over to the defamation list.' 'Plaintiff to effect service of orders by email by 7pm and post; return date set for 10am on Friday.']