Konidaris v Google Australia Pty Limited [2015] NSWSC 1810

Konidaris v Google Australia Pty Limited [2015] NSWSC 1810

Given the grossly defamatory nature of the blog and the first defendant's lack of interest in publishing, combined with circumstances allowing Google Australia Pty Limited to comply, it is appropriate to grant an injunction restraining publication.

Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Defamation Injunction Application / Ex Parte Urgent Hearing
Outcome
Injunction granted
Legal Topics
['freedom of Speech' 'reputation Protection' 'publication Restraint']
['defamation' 'injunctions'] ['freedom of Speech' 'reputation Protection' 'publication Restraint']

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Procedural Posture

Defamation Injunction Application / Ex Parte Urgent Hearing

Legal Issues

  1. 1 ['Whether an injunction should be granted to restrain publication of alleged defamatory material' 'Balance between freedom of speech and protection from reputational harm' 'Authority of Google Australia Pty Limited to remove blog postings']

Ratio Decidendi

Given the grossly defamatory nature of the blog and the first defendant's lack of interest in publishing, combined with circumstances allowing Google Australia Pty Limited to comply, it is appropriate to grant an injunction restraining publication.

Court Disposition

Injunction granted

Orders

  • ['The publication of the blog complained of is restrained against Google Australia Pty Limited.']