Carolan v Fairfax Media Publications Pty Ltd (No 7) [2017] NSWSC 351

Carolan v Fairfax Media Publications Pty Ltd (No 7) [2017] NSWSC 351

The application for permanent injunctions was refused because there was no demonstrated risk or threat of repetition of the defamatory material by the defendants, who had removed the material and indicated no intention to republish. Permanent injunctive relief is not a matter of course in defamation actions and should be granted only when reasonably necessary to address a risk of repetition.

Parties
Plaintiff: Sean Carolan; First Defendant: Fairfax Media Publications Pty Ltd; Second Defendant: Peter FitzSimons
Jurisdiction
Australia
Judgment Date
03 April 2017
Procedural Posture
Application for Permanent Injunctions in Defamation Proceedings / Post Judgment Decision on Injunctive Relief
Outcome
Application for permanent injunctions refused
Legal Topics
Defamation, Injunctions, Equitable Remedies
Common Law Defamation Injunctions Equitable Remedies

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 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sean Carolan

Plaintiff

Fairfax Media Publications Pty Ltd

First Defendant

Peter FitzSimons

Second Defendant

Procedural Posture

Application for Permanent Injunctions in Defamation Proceedings / Post Judgment Decision on Injunctive Relief

Legal Issues

  1. 1 Whether the court should grant permanent injunctions requiring removal and restraining publication of defamatory material after the plaintiff's success in a defamation case
  2. 2 Principles applicable to the grant of permanent injunctions in defamation proceedings

Ratio Decidendi

The application for permanent injunctions was refused because there was no demonstrated risk or threat of repetition of the defamatory material by the defendants, who had removed the material and indicated no intention to republish. Permanent injunctive relief is not a matter of course in defamation actions and should be granted only when reasonably necessary to address a risk of repetition.

Court Disposition

Application for permanent injunctions refused

Orders

  • Permanent injunctions sought by the plaintiff are refused; parties to be heard as to costs