Seven Network (Operations) Ltd v Australian Broadcasting Corporation & 2 Ors [2007] NSWSC 1289

Seven Network (Operations) Ltd v Australian Broadcasting Corporation & 2 Ors [2007] NSWSC 1289

Given the likelihood of a serious question to be tried on issues of trespass and breach of confidence, and the balance of convenience favouring protection of the plaintiff's confidentiality and goodwill, an interim injunction restraining publication of the footage is granted pending further proceedings.

Parties
Plaintiff: Seven Network (Operations) Ltd; First Defendant: Australian Broadcasting Corporation; Second Defendant: Chaser Publishing Pty Ltd; Third Defendant: Chaser Broadcasting Pty Ltd
Jurisdiction
Australia
Judgment Date
13 November 2007
Procedural Posture
Equity Proceeding / Interlocutory Hearing (interim Injunction)
Outcome
Interim injunction granted
Legal Topics
Injunctions, Breach of Confidentiality, Trespass, Balance of Convenience
Equity Injunctions Breach of Confidentiality Trespass Balance of Convenience

Case Brief

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Parties

Seven Network (Operations) Ltd

Plaintiff

Australian Broadcasting Corporation

First Defendant

Chaser Publishing Pty Ltd

Second Defendant

Chaser Broadcasting Pty Ltd

Third Defendant

Procedural Posture

Equity Proceeding / Interlocutory Hearing (interim Injunction)

Legal Issues

  1. 1 Whether there is a serious question to be tried of breach of confidentiality through trespass
  2. 2 Whether defendants are vicariously liable for trespass by the Chaser team
  3. 3 Whether an equitable obligation of confidence was breached

Ratio Decidendi

Given the likelihood of a serious question to be tried on issues of trespass and breach of confidence, and the balance of convenience favouring protection of the plaintiff's confidentiality and goodwill, an interim injunction restraining publication of the footage is granted pending further proceedings.

Court Disposition

Interim injunction granted

Orders

  • Defendants and each of them restrained until 15 November 2007 from making copies (except as permitted), communicating to the public, or showing in public the film (or any part) taken at plaintiff's premises at about 2.15 pm on 13 November 2007, and any film including any part of that film.
  • Defendants to furnish to plaintiff two copies of the said film taken at about 2.15 pm, copies confined to plaintiff's legal advisers and no further copies to be made.