Hitchcock v TCN Channel 9 [2000] NSWSC 198

Hitchcock v TCN Channel 9 [2000] NSWSC 198

The plaintiff established an entitlement to an interlocutory injunction limited to restraining the broadcast of those parts of the interview which would breach the contractual confidentiality clause regarding matters referred to in the Complaint. The court found the confidentiality clause's scope was narrower than contended by the plaintiff but enforceable to that extent. No serious question was established for wider injunctive relief or on grounds of breach of confidence beyond the express contractual provision.

Jurisdiction
Australia
Judgment Date
21 March 2000
Procedural Posture
Interlocutory Application / Application for Continuation of Interlocutory Injunction
Outcome
Limited interlocutory injunction granted
Legal Topics
['injunctions' 'inducing Breach of Contract' 'confidentiality' 'breach of Confidence']
['equity' 'contract' 'torts'] ['injunctions' 'inducing Breach of Contract' 'confidentiality' 'breach of Confidence']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Continuation of Interlocutory Injunction

Legal Issues

  1. 1 ['Whether a television program should be enjoined after newspaper publicity for inducing breach of a confidentiality contract' 'Whether the confidentiality clause covers the information to be broadcast' 'Whether a nanny owes an equitable obligation not to disclose private information' 'Whether an interlocutory injunction should be granted and its scope']

Ratio Decidendi

The plaintiff established an entitlement to an interlocutory injunction limited to restraining the broadcast of those parts of the interview which would breach the contractual confidentiality clause regarding matters referred to in the Complaint. The court found the confidentiality clause's scope was narrower than contended by the plaintiff but enforceable to that extent. No serious question was established for wider injunctive relief or on grounds of breach of confidence beyond the express contractual provision.

Court Disposition

Limited interlocutory injunction granted

Orders

  • ['Defendant is restrained until further order from televising or permitting to be televised those parts of Exhibit PX 4 that would involve Ms Page breaching paragraph (d) of the contract of 3 March 2000 with respect to matters referred to in the Complaint.' 'No restriction upon broadcasting the remainder of Exhibit...