Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thunder Studios Inc (California) v Kazal [2016] FCA 1598 File number: NSD 850 of 2014
Judge: RARES J
Date of judgment: 21 December 2016
Catchwords: CONTEMPT OF COURT – where respondent fails to comply with mandatory order – onus of proof of respondent's ability to comply with orders – whether onus on applicant to negate or respondent to raise issue or rebut case that respondent failed to use or used best endeavours to comply with order CONTEMPT OF COURT – bringing improper pressure on party or party's lawyer involving likelihood of obstruction of or interference with administration of justice – whether publications had capacity to bring improper pressure DEFAMATION – publication and republication – whether reference to website or display of URL address is capable of being itself republication of contents of website – public display of website or URL address with invitation to visit to "read the full story" – whether such reference or display republished contents to be found on website containing "full story" DEFAMATION – whether publication only to party's lawyer or agent capable of amounting to actionable publication – principles of publication and republication of matter complained of
Legislation: Australian Consumer Law s 18 Competition and Consumer Act 2010 (Cth) Sch 2 Federal Court of Australia Act 1976 (Cth) ss 39, 40
Cases cited: Blacktown City Council v Wilkie (No 15) (2016) 219 LGERA 1 Buchanan v Jennings [2005] 1 AC 115 Commercial Bank of Australia Limited v Preston [1981] 2 NSWLR 554 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 Davies v Beyond Building Systems Pty Ltd [2009] NSWSC 1282 Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575 Duke of Brunswick v Harmer (1849) 14 QB (NS) 185 [117 ER 75] Harkianakis v Skalkos (1997) 42 NSWLR 22 Hinch v Attorney-General (Vic) (1987) 164 CLR 15 John Fairfax & Sons Limited v Cojuangco (1988) 165 CLR 346 John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351 Kermode v Fairfax Media Publications Pty Ltd [2009] NSWSC 1263 R v Grassby (1988) 15 NSWLR 109 State Bank of New South Wales v Currabubula Holdings Pty Ltd (2001) 51 NSWLR 399 Traztand Pty Limited v Government Insurance Office of New South Wales [1984] 2 NSWLR 598 Webb v Bloch (1928) 41 CLR 331 Witham v Holloway (1995) 183 CLR 525 Y and Z v W (2007) 70 NSWLR 377
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