Cleary v Kocatekin [2012] NSWSC 364

Cleary v Kocatekin [2012] NSWSC 364

There was a serious question to be tried that the First Defendant breached clause 9 of the Deed of Release by providing information to Channel Seven that caused injury or potential injury to the Plaintiff's good name and standing, and that Channel Seven, after learning of the contractual arrangement, would aid, abet or assist a further breach by broadcasting material concerning the dispute. The balance of convenience favoured preserving the confidential settlement arrangement because Channel Seven identified no particular prejudice from restraint, damages might be difficult to prove, and the Court should be slow to facilitate wider dissemination of material supplied in breach of a...

Jurisdiction
Australia
Judgment Date
18 April 2012
Procedural Posture
Interlocutory Application for an Injunction / Interlocutory Hearing
Outcome
Interlocutory injunction granted against the Second Defendant; costs to be costs in the cause.
Legal Topics
['interlocutory Injunction' 'auxiliary Jurisdiction' 'breach of Deed of Release' 'non Disparagement Clause' 'assisting Breach of Contract' 'confidential Settlement' 'balance of Convenience']
['equity' 'contract Law' 'media Law'] ['interlocutory Injunction' 'auxiliary Jurisdiction' 'breach of Deed of Release' 'non Disparagement Clause' 'assisting Breach of Contract' 'confidential Settlement' 'balance of Convenience']

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Procedural Posture

Interlocutory Application for an Injunction / Interlocutory Hearing

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the First Defendant breached the non-disparagement clause in the Deed of Release.' 'Whether the Second Defendant, after learning of the Deed of Release, would aid, abet or assist a breach of contract by broadcasting material obtained from the First Defendant.' 'Whether the balance of convenience favoured restraining the Second Defendant from broadcasting material concerning the building dispute.']

Ratio Decidendi

There was a serious question to be tried that the First Defendant breached clause 9 of the Deed of Release by providing information to Channel Seven that caused injury or potential injury to the Plaintiff's good name and standing, and that Channel Seven, after learning of the contractual arrangement, would aid, abet or assist a further breach by broadcasting material concerning the dispute. The balance of convenience favoured preserving the confidential settlement arrangement because Channel Seven identified no particular prejudice from restraint, damages might be difficult to prove, and the Court should be slow to facilitate wider dissemination of material supplied in breach of a...

Court Disposition

Interlocutory injunction granted against the Second Defendant; costs to be costs in the cause.

Orders

  • ["Upon the Plaintiff giving the usual undertaking as to damages, the Second Defendant is restrained from televising, streaming, transmitting or otherwise publishing, whether by the television program known as 'Today Tonight' or any other television program, via the internet or otherwise, any material dealing with...