AMI Australia Holdings Pty Limited v Fairfax Media Publications Pty Limited [2009] NSWSC 612

AMI Australia Holdings Pty Limited v Fairfax Media Publications Pty Limited [2009] NSWSC 612

There is a serious question to be determined regarding the confidentiality of information held by the defendant and appropriate to grant an interim injunction restraining publication until further interlocutory consideration.

Jurisdiction
Australia
Judgment Date
12 June 2009
Procedural Posture
Application for Interim Injunction / Interlocutory (ex Tempore) Judgment
Outcome
Interim injunction granted; defendant restrained from publication for a short period.
Legal Topics
['injunctions' 'confidentiality' 'breach of Confidence']
['equity' 'civil Procedure'] ['injunctions' 'confidentiality' 'breach of Confidence']

Case Brief

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Procedural Posture

Application for Interim Injunction / Interlocutory (ex Tempore) Judgment

Legal Issues

  1. 1 ['Whether there is a serious question to be determined as to the confidentiality of material held by the defendant.' "Whether material in defendant's hands retains necessary quality of confidentiality and was obtained in circumstances importing an obligation of confidence." 'Whether an interim injunction restraining publication should be granted.']

Ratio Decidendi

There is a serious question to be determined regarding the confidentiality of information held by the defendant and appropriate to grant an interim injunction restraining publication until further interlocutory consideration.

Court Disposition

Interim injunction granted; defendant restrained from publication for a short period.

Orders

  • ['Order made in terms of paragraph 4 of the notice of motion restraining publication until 16 June 2009.' 'Costs reserved.' 'Matter stood over to Duty Judge at 10 am on Tuesday 16 June 2009.']