Ischnura Group Pty Ltd v McAuley [2022] NSWSC 1223

Ischnura Group Pty Ltd v McAuley [2022] NSWSC 1223

There is at least an arguable case that the defendant's conduct satisfies the elements of injurious falsehood, with false statements published maliciously, causing loss, and that the balance of convenience favours granting interlocutory relief to restrain further publication, particularly given the urgency and risk of continuing harm.

Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Civil / Application for Interlocutory Injunction (ex Parte)
Outcome
Interlocutory injunction granted
Legal Topics
['injurious Falsehood' 'interlocutory Injunctions']
['tort Law' 'civil Procedure'] ['injurious Falsehood' 'interlocutory Injunctions']

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

Civil / Application for Interlocutory Injunction (ex Parte)

Legal Issues

  1. 1 ["Whether the defendant's publication constitutes injurious falsehood" "Whether the plaintiff is entitled to an interlocutory injunction to restrain the defendant's conduct during property inspection"]

Ratio Decidendi

There is at least an arguable case that the defendant's conduct satisfies the elements of injurious falsehood, with false statements published maliciously, causing loss, and that the balance of convenience favours granting interlocutory relief to restrain further publication, particularly given the urgency and risk of continuing harm.

Court Disposition

Interlocutory injunction granted

Orders

  • ['The defendant is restrained from handing out flyers during the next property inspection.']