KW v SR [2021] NSWSC 847

KW v SR [2021] NSWSC 847

The plaintiff established a serious question to be tried in injurious falsehood because the evidence supported that the defendant threatened to publish allegations of dishonesty, illegality and criminality that the plaintiff denied, appeared to lack personal knowledge of, and sought to use to pressure her in Family Court proceedings. Malice could be inferred from the improper motive and lack of good faith apparent in the messages. There was a reasonable probability of reputational damage to the plaintiff in her senior public sector employment if publication occurred. The balance of convenience strongly favoured the plaintiff because she faced significant potential injury, while the...

Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Summons Seeking Interlocutory and Final Relief, Including Interim Injunction and Interim Suppression Order / Ex Parte Interim Relief Application in the Duty List
Outcome
Interim injunction and interim suppression order granted; ancillary abridged service, substituted service, relisting and further interlocutory hearing orders made; costs reserved.
Legal Topics
['injurious Falsehood' 'interim Injunction' 'serious Question to Be Tried' 'balance of Convenience' 'malice' 'publication of False Allegations' 'employment Reputation' 'family Law Proceedings' 'suppression Order to Prevent Prejudice to the Proper Administration of Justice' 'substituted Service']
['torts' 'civil Procedure' 'suppression and Non Publication Orders'] ['injurious Falsehood' 'interim Injunction' 'serious Question to Be Tried' 'balance of Convenience' 'malice' 'publication of False Allegations' 'employment Reputation' 'family Law Proceedings' 'suppression Order to Prevent Prejudice to the Proper Administration of Justice' 'substituted Service']

Case Brief

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Procedural Posture

Summons Seeking Interlocutory and Final Relief, Including Interim Injunction and Interim Suppression Order / Ex Parte Interim Relief Application in the Duty List

Legal Issues

  1. 1 ["Whether there was a serious question to be tried that the defendant threatened to publish false statements concerning the plaintiff's trade, goods or business." "Whether the threatened publication to the plaintiff's employer could found injurious falsehood in the context of an employment relationship or injury to an employee." "Whether malice could be inferred from threats made to pressure the plaintiff to resolve Family Court proceedings with the defendant's nephew." 'Whether the plaintiff showed a reasonable probability of damage, including reputational damage with respect to her employer.' 'Whether the balance of convenience favoured granting an interim injunction.' 'Whether an interim suppression order should be made under s 10 of the Court Suppression and Non-Publication Orders Act 2010 (NSW).' 'Whether abridged and substituted service should be ordered given urgency and the means of communication with the defendant.']

Ratio Decidendi

The plaintiff established a serious question to be tried in injurious falsehood because the evidence supported that the defendant threatened to publish allegations of dishonesty, illegality and criminality that the plaintiff denied, appeared to lack personal knowledge of, and sought to use to pressure her in Family Court proceedings. Malice could be inferred from the improper motive and lack of good faith apparent in the messages. There was a reasonable probability of reputational damage to the plaintiff in her senior public sector employment if publication occurred. The balance of convenience strongly favoured the plaintiff because she faced significant potential injury, while the...

Court Disposition

Interim injunction and interim suppression order granted; ancillary abridged service, substituted service, relisting and further interlocutory hearing orders made; costs reserved.

Orders

  • ['Until the hearing of the matter or until further order, an interim injunction pursuant to s 66 of the Supreme Court Act 1970 (NSW) restraining the defendant from publishing or causing to be published representations, or representations to substantially the same effect, that the plaintiff has made false and illegal...