Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Metcash Trading Limited v Bunn (No 2) [2009] FCA 1493
DEFAMATION – interlocutory injunction to restrain publication – injurious falsehood and contravention of Trade Practices Act 1974 (Cth) s 52 – public interest in free speech – preserving the status quo – publication redacted. Defamation Act 2005 (SA) s 9 Fair Trading Act 1977 (SA) s 56 Trade Practices Act 1974 (Cth) s 52 Metcash Trading Limited v Bunn [2009] FCA 1468cited Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199cited Castlemaine Tooheys Limited v South Australia (1986) 161 CLR 148 referred to Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 referred to METCASH TRADING LIMITED (ACN 000 031 569), IGA DISTRIBUTION PTY LTD (ACN 004 391 422) and AUSTRALIAN LIQUOR MARKETERS PTY LTD (ACN 002 885 645) v PETER CHADLEY BUNN
SAD 29 of 2006
LANDER J
10 DECEMBER 2009
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION SAD 29 of 2006
BETWEEN: METCASH TRADING LIMITED (ACN 000 031 569)
First Applicant
IGA DISTRIBUTION PTY LTD (ACN 004 391 422)
Second Applicant
AUSTRALIAN LIQUOR MARKETERS PTY LTD
(ACN 002 885 645)
Third Applicant
AND: PETER CHADLEY BUNN
Respondent
JUDGE: LANDER J
DATE OF ORDER: 10 DECEMBER 2009
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. Upon the first applicant undertaking to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court to any person, whether or not a party, adversely affected by the operation of this order and to pay compensation as directed until further order, the Respondent, his servants or agents be restrained from publishing or republishing, whether by the internet or any other means of communication: 1.1 the entirety of un-numbered paragraph 5, which begins with the words "The problem" and ends with the word "saying"; 1.2 in respect of un-numbered paragraph 6, the portion of the first sentence beginning with the words "If one" to and including the word "proposal"; 1.3 in respect of numbered paragraph 1: 1.3.1 the word "will" in the first line: 1.3.2 the words "who will most likely be labelled as barons"; 1.3.3 the word "barons"; and 1.3.4 the remainder of that paragraph, from and including the words "which means"; 1.4 in respect of numbered paragraph 2, the words "will" and "would" wherever they appear; 1.5 the entirety of numbered paragraph 4; 1.6 the entirety of numbered paragraph 5; 1.7 in respect of numbered paragraph 6: 1.7.1 the words "would" and "will" wherever they appear; 1.7.2 the final 5 words of that paragraph, commencing with and including the words "along with"; 1.8 in respect of numbered paragraph 7: 1.8.1 the word "would" in the first line; 1.8.2 the word "eradicate"; published in the document titled: "T.I.G.A. THE INDEPENDENT GROCERS ADVOCATE 12/1-2009", or words or allegations to similar effect. 2. Liberty to the parties to apply at short notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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