Naoum v Dannawi [2009] NSWCA 253

Naoum v Dannawi [2009] NSWCA 253

It is not open to an applicant to obtain final injunctive relief restraining publication of allegedly defamatory material absent a final hearing on the merits and proof of an actionable defamation to which the defendant has no defence. The application for final injunction was fundamentally misconceived, and the primary judge did not err in discharging the interlocutory injunctions and ordering costs against the applicant.

Jurisdiction
Australia
Judgment Date
21 August 2009
Procedural Posture
Application for Leave to Appeal / Appellate Court of Appeal, Application for Leave to Appeal From Orders of Supreme Court
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['injunctions' 'permanent Injunctions in Defamation' 'requirements for Final Relief' 'balance of Convenience in Equity' 'freedom of Speech Vs Defamation']
['equity' 'defamation'] ['injunctions' 'permanent Injunctions in Defamation' 'requirements for Final Relief' 'balance of Convenience in Equity' 'freedom of Speech Vs Defamation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Appellate Court of Appeal, Application for Leave to Appeal From Orders of Supreme Court

Legal Issues

  1. 1 ['Whether a permanent injunction can be granted to restrain publication of allegedly defamatory material without a final hearing on the merits' 'Whether the applicant demonstrated a cause of action capable of protection by injunction' 'Whether the financial position of the respondent makes damages an inadequate remedy' 'Whether the correct test was applied to whether the material was defamatory']

Ratio Decidendi

It is not open to an applicant to obtain final injunctive relief restraining publication of allegedly defamatory material absent a final hearing on the merits and proof of an actionable defamation to which the defendant has no defence. The application for final injunction was fundamentally misconceived, and the primary judge did not err in discharging the interlocutory injunctions and ordering costs against the applicant.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['Leave to appeal refused' "Applicant to pay the respondent's costs"]