Richards (a pseudonym) v Jones (a pseudonym) [2025] NSWSC 5

Richards (a pseudonym) v Jones (a pseudonym) [2025] NSWSC 5

The Court found that the plaintiffs had demonstrated a serious question to be tried, that the risks of harm significantly outweighed any prejudice to the defendant, and thus granted interim injunctive relief restraining the defendant from publishing certain representations. Interim suppression orders were also granted to prevent dissemination of proceedings and allegations. Leave to proceed in defamation without concerns notice was justified as serving such notice risked prompting harmful publication.

Parties
First Plaintiff: Richards (a pseudonym); Second Plaintiff: Jackson (a pseudonym); Third Plaintiff: Roberts (a pseudonym); Defendant: Jones (a pseudonym)
Jurisdiction
Australia
Judgment Date
09 January 2025
Procedural Posture
Ex Parte Application for Interim Relief / Interim Orders (injunction and Suppression), Leave to Proceed Granted
Outcome
Interim injunction, suppression, and leave to proceed granted
Legal Topics
Injurious Falsehood, Suppression and Non Publication, Interim Injunctions, Defamation, Concerns Notice Dispensation
Torts Civil Procedure Injurious Falsehood Suppression and Non Publication Interim Injunctions Defamation Concerns Notice Dispensation

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Parties

Richards (a pseudonym)

First Plaintiff

Jackson (a pseudonym)

Second Plaintiff

Roberts (a pseudonym)

Third Plaintiff

Jones (a pseudonym)

Defendant

Procedural Posture

Ex Parte Application for Interim Relief / Interim Orders (injunction and Suppression), Leave to Proceed Granted

Legal Issues

  1. 1 Whether interim injunctive relief should be granted restraining the defendant from publishing false allegations against the plaintiffs
  2. 2 Whether an interim suppression order should be granted under the Court Suppression and Non-Publication Orders Act 2010 (NSW)
  3. 3 Whether leave should be granted to proceed in defamation without issuing a concerns notice

Ratio Decidendi

The Court found that the plaintiffs had demonstrated a serious question to be tried, that the risks of harm significantly outweighed any prejudice to the defendant, and thus granted interim injunctive relief restraining the defendant from publishing certain representations. Interim suppression orders were also granted to prevent dissemination of proceedings and allegations. Leave to proceed in defamation without concerns notice was justified as serving such notice risked prompting harmful publication.

Court Disposition

Interim injunction, suppression, and leave to proceed granted

Orders

  • Interim orders made restraining the defendant from publishing or causing to be published certain representations about the plaintiffs, in terms of the short minutes of order.
  • Interim suppression order prohibiting publication or disclosure of information relating to the proceedings.