Rush v Nationwide News Pty Limited (No 9) [2019] FCA 1383

Rush v Nationwide News Pty Limited (No 9) [2019] FCA 1383

Applicant failed to demonstrate a real or appreciable risk that the respondent would republish the defamatory imputations. Post-judgment articles, though critical, comprised comment or opinion, not republication. The right to free speech and the potential inhibiting effect of a broad injunction weighed against granting injunctive relief. No sound basis exists for inferring that Nationwide News will ignore the court's findings and repeat the defamation. Commencing further proceedings, and possibly seeking leave under s 23, is not an undue burden. In the circumstances, a permanent injunction is not warranted.

Parties
Applicant: Geoffrey Roy Rush; First Respondent: Nationwide News Pty Limited; Second Respondent: Jonathon Moran
Jurisdiction
Australia
Judgment Date
28 August 2019
Procedural Posture
Defamation Application for Permanent Injunction / Post Liability Judgment; Determination of Application for Permanent Injunction
Outcome
Application for permanent injunction dismissed.
Legal Topics
Permanent Injunctions in Defamation, Jurisdiction of Federal Court, Risk of Republication, Public Interest and Free Speech, Section 23 Defamation Act, Discretionary Considerations for Equitable Remedies
Defamation Practice and Procedure Permanent Injunctions in Defamation Jurisdiction of Federal Court Risk of Republication Public Interest and Free Speech Section 23 Defamation Act Discretionary Considerations for Equitable Remedies

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Parties

Geoffrey Roy Rush

Applicant

Nationwide News Pty Limited

First Respondent

Jonathon Moran

Second Respondent

Procedural Posture

Defamation Application for Permanent Injunction / Post Liability Judgment; Determination of Application for Permanent Injunction

Legal Issues

  1. 1 Whether a permanent injunction should be granted restraining Nationwide News from republishing defamatory imputations
  2. 2 Whether applicant would require leave to commence further proceedings under s 23 Defamation Act 2005 (NSW)
  3. 3 If permanent injunction is warranted given risk of republication and impact on free speech

Ratio Decidendi

Applicant failed to demonstrate a real or appreciable risk that the respondent would republish the defamatory imputations. Post-judgment articles, though critical, comprised comment or opinion, not republication. The right to free speech and the potential inhibiting effect of a broad injunction weighed against granting injunctive relief. No sound basis exists for inferring that Nationwide News will ignore the court's findings and repeat the defamation. Commencing further proceedings, and possibly seeking leave under s 23, is not an undue burden. In the circumstances, a permanent injunction is not warranted.

Court Disposition

Application for permanent injunction dismissed.

Orders

  • Application for permanent injunction against Nationwide News Pty Limited dismissed.
  • Opportunity for parties to file written submissions for costs by 4.00 pm on 30 September 2019.