Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd t/as 2GB and 2GB 873 [2019] NSWSC 1576

Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd t/as 2GB and 2GB 873 [2019] NSWSC 1576

On a prima facie basis, malice may be inferred in the defendants' publications through reckless statements, unsupported allegations, repeated inflammatory rhetoric, and linking of false statements regarding professional membership to alleged misconduct. The plaintiff is entitled to an interlocutory injunction restraining further publication of the contested material pending final hearing, with terms to be settled between the parties.

Parties
Plaintiff: Omega Plumbing Pty Ltd; First Defendant: Harbour Radio Pty Ltd t/as 2GB and 2GB 873; Second Defendant: Ray Hadley
Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Tort (injurious Falsehood) / Application for Interlocutory Injunction
Outcome
Plaintiff entitled to interlocutory injunction pending final hearing.
Legal Topics
Injurious Falsehood, Interlocutory Injunction, Malice, Freedom of Speech, Media Publications
Torts Media Law Injurious Falsehood Interlocutory Injunction Malice Freedom of Speech Media Publications

Case Brief

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Parties

Omega Plumbing Pty Ltd

Plaintiff

Harbour Radio Pty Ltd t/as 2GB and 2GB 873

First Defendant

Ray Hadley

Second Defendant

Procedural Posture

Tort (injurious Falsehood) / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether there is a prima facie case that the defendants published statements about the plaintiff maliciously.
  2. 2 Whether there is a basis for granting an interlocutory injunction to restrain further publication pending final hearing.

Ratio Decidendi

On a prima facie basis, malice may be inferred in the defendants' publications through reckless statements, unsupported allegations, repeated inflammatory rhetoric, and linking of false statements regarding professional membership to alleged misconduct. The plaintiff is entitled to an interlocutory injunction restraining further publication of the contested material pending final hearing, with terms to be settled between the parties.

Court Disposition

Plaintiff entitled to interlocutory injunction pending final hearing.

Orders

  • Parties to bring in short minutes to reflect the reasons and define terms of interlocutory injunction.