Menulog Pty Ltd v TCN Channel Nine Pty Ltd [2012] NSWSC 247

Menulog Pty Ltd v TCN Channel Nine Pty Ltd [2012] NSWSC 247

There is a serious question to be tried that the representations in the proposed broadcast are false and malicious within the meaning of the tort of injurious falsehood. The evidence, particularly the Plaintiff's conduct and information provided to the Defendant, supports arguable falsity and malice given the grossly exaggerated and potentially reckless statements promoted by the Defendant. Probability of actual damage to the Plaintiff's business is established, and the balance of convenience favours granting the injunction.

Jurisdiction
Australia
Judgment Date
16 March 2012
Procedural Posture
Interlocutory Application / Interlocutory Injunction Granted; Matter Stood Over
Outcome
Interlocutory injunction granted; matter stood over for further consideration; costs reserved.
Legal Topics
['injurious Falsehood' 'interlocutory Injunction' 'injunction Restraining Publication' 'serious Question to Be Tried' 'falsity and Malice']
['torts'] ['injurious Falsehood' 'interlocutory Injunction' 'injunction Restraining Publication' 'serious Question to Be Tried' 'falsity and Malice']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Injunction Granted; Matter Stood Over

Legal Issues

  1. 1 ['Whether the Plaintiff is entitled to an interlocutory injunction to restrain broadcast/publication allegedly conveying injurious falsehood about its business' 'Whether there is a serious question to be tried as to falsity and malice in relation to the broadcast']

Ratio Decidendi

There is a serious question to be tried that the representations in the proposed broadcast are false and malicious within the meaning of the tort of injurious falsehood. The evidence, particularly the Plaintiff's conduct and information provided to the Defendant, supports arguable falsity and malice given the grossly exaggerated and potentially reckless statements promoted by the Defendant. Probability of actual damage to the Plaintiff's business is established, and the balance of convenience favours granting the injunction.

Court Disposition

Interlocutory injunction granted; matter stood over for further consideration; costs reserved.

Orders

  • ['Leave granted to file summons and supporting affidavit.' 'Defendant restrained until further order from broadcasting or communicating the Program or related promotional material, including any material representing Plaintiff as involved in the alleged wrongful acts enumerated.' 'Summons returnable at 10am on 21...