Kamm v Channel Seven Sydney [2005] NSWSC 699

Kamm v Channel Seven Sydney [2005] NSWSC 699

There was insufficient evidence to establish a serious question to be tried as to whether the proposed broadcast would have a real tendency to prejudice the fairness of the pending criminal trial, given the already extensive publicity related to the plaintiff's activities and the limited material available about the interview. Interlocutory injunctive relief was therefore refused.

Parties
Plaintiff: William Kamm; Defendant: Channel Seven Sydney Pty Ltd
Jurisdiction
Australia
Judgment Date
08 July 2005
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (ex Tempore Judgment)
Outcome
Application for interlocutory injunction dismissed; proceedings dismissed; costs ordered against plaintiff.
Legal Topics
Injunctions, Contempt of Court, Media Law, Quia Timet Injunction, Fair Trial / Open Justice
Equity Injunctions Contempt of Court Media Law Quia Timet Injunction Fair Trial / Open Justice

Case Brief

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Parties

William Kamm

Plaintiff

Channel Seven Sydney Pty Ltd

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (ex Tempore Judgment)

Legal Issues

  1. 1 Whether a quia timet interlocutory injunction should be granted to restrain broadcast of an interview to prevent contempt of court and interference with a pending criminal trial

Ratio Decidendi

There was insufficient evidence to establish a serious question to be tried as to whether the proposed broadcast would have a real tendency to prejudice the fairness of the pending criminal trial, given the already extensive publicity related to the plaintiff's activities and the limited material available about the interview. Interlocutory injunctive relief was therefore refused.

Court Disposition

Application for interlocutory injunction dismissed; proceedings dismissed; costs ordered against plaintiff.

Orders

  • Application dismissed
  • Proceedings dismissed