Federal Court of Australia
Federal Court of Australia
Lanzer v Australian Broadcasting Corporation [2021] FCA 1283 File number: NSD 1084 of 2021
Judgment of: NICHOLAS J
Date of judgment: 21 October 2021
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction – allegation that first respondent has contravened or threatens to contravene s 182(2) or s 183(2) of the Corporations Act 2001 (Cth) by knowingly inducing a contravention of s 182(1) or s 183(1) by the applicants' former employees – whether first respondent has induced or procured or threatens to induce or procure a breach of contract by such employees – whether applicants have demonstrated prima facie case for relief sought – no prima facie case made out – application for interlocutory relief dismissed
Legislation: Corporations Act 2001 (Cth) ss 79, 182, 183
Cases cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (1995) 58 FCR 26 Australian Broadcasting Corp v O'Neill (2006) 227 CLR 57 Chew v The Queen (1992) 173 CLR 626 Metal Manufacturers Limited v Johnston (2020) 3 QR 456 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 Short v City Bank of Sydney (1912) 12 SR (NSW) 186 State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2) [2021] FCA 137 Warner-Lambert Co LLC v Apotex Pty Ltd (2014) 311 ALR 632 Yorke v Lucas (1985) 158 CLR 661
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