Federal Court of Australia
Federal Court of Australia
Bastiaan v Nine Entertainment Co Holdings Limited [2022] FCA 60 File number(s): VID 471 of 2021
Judgment of: RARES J
Date of judgment: 11 February 2022
Date of orders: 16 February 2022
Catchwords: CONTEMPT OF COURT – application for interlocutory injunction to restrain apprehended contempt by publication and improper pressure by media publishers and journalist – test for interlocutory relief – standard of proof – Bread Manufacturers defence – where publishers and journalist also respondents in defamation proceeding brought by applicant – where respondents late in filing defence and journalist approached potential witnesses to seek comment in relation to matters subject of defamation proceeding – where "blaze of publicity" coincided with late filing of defence and offer to settle proceeding – where publicity adverse to applicant and potential witnesses – whether conduct had objective tendency to interfere with course of justice by bringing improper pressure to bear on applicant or potential witnesses – whether applicant established prima facie case to high degree of satisfaction of real and substantial risk of future contempt – Held: interlocutory injunctions granted
Legislation: Evidence Act 1995 (Cth) s 140 Freedom of Information Act 1982 (Cth) Members of Parliament (Staff) Act 1984 (Cth)
Cases cited: Attorney-General v Leveller Magazine Ltd [1979] AC 440 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 2) (2015) 236 FCR 432 Bonnard v Perryman [1891] 2 Ch 269 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 Ex parte Bread Manufacturers Ltd; Re Truth and Sportsman Ltd (1937) 37 SR (NSW) 242 Hinch v Attorney-General (Vic) (1987) 164 CLR 15 John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351 Kazal v Thunder Studios Inc (California) (2017) 256 FCR 90 Registered Clubs Association of New South Wales v Stolz (No 2) [2021] FCA 1418 Witham v Holloway (1995) 183 CLR 525 Y and Z v W (2007) 70 NSWLR 377
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