Webster v Brewer (No 2) [2020] FCA 727

FEDERAL COURT OF AUSTRALIA

Webster v Brewer (No 2) [2020] FCA 727 File number: VID 293 of 2020

Judge: GLEESON J

Date of judgment: 19 May 2020

Date of publication of reasons: 28 May 2020

Catchwords: DEFAMATION – application for interlocutory injunction in relation to alleged publication of defamatory material – circumstances in which Court will grant an interlocutory injunction – serious question to be tried – damages not an adequate remedy – balance of convenience favoured injunction and take-down order – interlocutory injunction granted and take-down order made

Legislation: Trans-Tasman Proceedings Act 2010 (Cth) Defamation Act 2005 (Vic)

Cases cited: Capilano Honey v Dowling (No 2) [2018] NSWCA 217 Chappell v TCN Channel Nine (1988) 14 NSWLR 153 Nationwide v Furber (1984) 3 FCR 19 The School for Excellence Pty Ltd v Trendy Rhino Pty Ltd & Ors [2018] VSC 514

Date of hearing: 19 May 2020

Registry: New South Wales

Division: General Division

National Practice Area Other Federal Jurisdiction

Category: Catchwords

Number of paragraphs: 45

Counsel for the Applicants: J Hooper

Solicitor for the Applicants: Norton Rose Fulbright Australia

Counsel for the Respondent: There was no appearance for the Respondent

Table of Corrections

1 June 2020 In paragraphs 29 and 32, "Ms Richardson" has been replaced with "Ms Robertson". 1 June 2020 All references to the first applicant as "Ms Webster" have been replaced with "Dr Anne Webster" 1 June 2020 All references to the second applicant as "Dr Webster" have been replaced with "Dr Philip Webster"