Capilano Honey Ltd v Mulvany (No 2) [2017] NSWSC 1237
The 'bully' imputations do not pertain to Capilano's goods or business but relate to the conduct of the present proceedings; therefore, there is no prima facie case under injurious falsehood to justify continuing the restraint in respect of the 'bully' imputation, and the restraint should be deleted.
- Jurisdiction
- Australia
- Judgment Date
- 01 September 2017
- Procedural Posture
- Notice of Motion to Vary Interlocutory Injunction / Interlocutory Application
- Outcome
- Order 1 in the notice of motion dated 14 June 2017 is made; the interim orders are varied to delete the restraint in order 2(c).
- Legal Topics
- ['injurious Falsehood' 'interlocutory Injunctions' 'defamation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion to Vary Interlocutory Injunction / Interlocutory Application
Legal Issues
- 1 ["Whether the restraint on publishing the 'bully' imputation should be continued in the interlocutory injunctions" "Whether the 'bully' imputation pertains to the plaintiff's goods or business and is actionable under injurious falsehood"]
Ratio Decidendi
The 'bully' imputations do not pertain to Capilano's goods or business but relate to the conduct of the present proceedings; therefore, there is no prima facie case under injurious falsehood to justify continuing the restraint in respect of the 'bully' imputation, and the restraint should be deleted.
Court Disposition
Order 1 in the notice of motion dated 14 June 2017 is made; the interim orders are varied to delete the restraint in order 2(c).
Orders
- ['Vary the interim orders made on 25 May 2017 so as to delete the restraint in order 2(c).']
Full Case Text
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