Grygiel v Australian Broadcasting Corporation [2016] NSWSC 140

Grygiel v Australian Broadcasting Corporation [2016] NSWSC 140

Although the plaintiff established a prima facie case for defamation, the balance of convenience did not favour granting an interlocutory injunction as the public interest in free speech outweighed the harm to the plaintiff and relevant defences and unresolved issues are proper questions for a jury. The application for injunction was therefore refused.

Jurisdiction
Australia
Judgment Date
23 February 2016
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application
Outcome
Application for injunction refused; costs awarded to defendant
Legal Topics
['injunctions' 'interlocutory Injunctions' 'costs' 'defamation']
['defamation'] ['injunctions' 'interlocutory Injunctions' 'costs' 'defamation']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Application

Legal Issues

  1. 1 ['Whether to grant an interlocutory injunction restraining publication of an allegedly defamatory broadcast' 'Whether the balance of convenience favours the grant of an injunction in a defamation context']

Ratio Decidendi

Although the plaintiff established a prima facie case for defamation, the balance of convenience did not favour granting an interlocutory injunction as the public interest in free speech outweighed the harm to the plaintiff and relevant defences and unresolved issues are proper questions for a jury. The application for injunction was therefore refused.

Court Disposition

Application for injunction refused; costs awarded to defendant

Orders

  • ['Application for interlocutory injunction refused' "Plaintiff to pay defendant's costs of and incidental to the application forthwith after assessment or agreement"]