HABIB v. ABC & ANOR [2005] NSWSC 79

HABIB v. ABC & ANOR [2005] NSWSC 79

No case was made out that the defendants induced the breach by Professor Tennant, nor is there any real risk of irreparable damage to the plaintiff from publication that could not be compensated by damages. Therefore, interlocutory relief restraining publication is refused.

Jurisdiction
Australia
Judgment Date
16 February 2005
Procedural Posture
Urgent Interlocutory Application / Hearing and Judgment on Application for Interlocutory Injunction
Outcome
Application refused. Suppression orders dissolved. Undertakings by defendants discharged. Plaintiff to pay defendants' costs.
Legal Topics
['interlocutory Injunction' 'breach of Confidentiality' 'doctor Patient Relationship' 'media Publication']
['media Law' 'confidentiality'] ['interlocutory Injunction' 'breach of Confidentiality' 'doctor Patient Relationship' 'media Publication']

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Procedural Posture

Urgent Interlocutory Application / Hearing and Judgment on Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether the defendants induced a breach of confidentiality between the plaintiff and his psychiatrist' 'Whether interlocutory relief restraining media publication should be granted']

Ratio Decidendi

No case was made out that the defendants induced the breach by Professor Tennant, nor is there any real risk of irreparable damage to the plaintiff from publication that could not be compensated by damages. Therefore, interlocutory relief restraining publication is refused.

Court Disposition

Application refused. Suppression orders dissolved. Undertakings by defendants discharged. Plaintiff to pay defendants' costs.

Orders

  • ['Application declined.' 'Each defendant discharged from their undertakings.' 'Suppression orders dissolved.' "Plaintiff to pay defendants' costs." 'Plaintiff to file a summons seeking the orders now applied for.' 'Parties to file short minutes for formal disposition.']