Danwer v Nine Network Australia Pty Ltd [2016] NSWSC 95

Danwer v Nine Network Australia Pty Ltd [2016] NSWSC 95

This was not the clearest of cases justifying interlocutory restraint; adequate remedy exists in damages; public interest in free speech and adverse timing for the defendant precluded the relief sought.

Jurisdiction
Australia
Judgment Date
19 February 2016
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (urgent Application, Ex Parte, Dismissed After Contested Hearing)
Outcome
Application for interlocutory injunction dismissed. Costs to defendant.
Legal Topics
['interlocutory Injunction' 'restraint of Broadcast' 'defamation' 'balance of Convenience']
['practice and Procedure' 'defamation'] ['interlocutory Injunction' 'restraint of Broadcast' 'defamation' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory (urgent Application, Ex Parte, Dismissed After Contested Hearing)

Legal Issues

  1. 1 ['Whether an interlocutory injunction should be granted to restrain a broadcast of allegedly defamatory material']

Ratio Decidendi

This was not the clearest of cases justifying interlocutory restraint; adequate remedy exists in damages; public interest in free speech and adverse timing for the defendant precluded the relief sought.

Court Disposition

Application for interlocutory injunction dismissed. Costs to defendant.

Orders

  • ['The application for an interlocutory injunction is dismissed.' 'The plaintiff must pay the costs of the defendant of the proceedings before me.']