Federal Court of Australia
Federal Court of Australia
Thunder Studios Inc (California) v Kazal (No 13) [2022] FCA 256 File number(s): NSD 850 of 2014
Judgment of: RARES J
Date of judgment: 16 March 2022
Catchwords: DEFAMATION – permanent injunctions – whether a real risk of continuing and or further republication by respondents – where first respondent indicated to journalist intention to continue to pursue applicants – where respondents had considerable control over what other publishers put online – where lengthy campaign by respondents to defame applicants
Legislation: Constitution of the United States of United States of America First Amendment
Cases cited: Chau v Australian Broadcasting Corporation (No 3) (2021) 386 ALR 36 Rush v Nationwide News Pty Ltd (No 9) [2019] FCA 1383 Thunder Studios Inc (California) v Kazal (No 12) [2022] FCA 110 Thunder Studios Inc v Kazal 13 F. 4th 736 (2021)
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 25
Date of hearing: 16 March 2022
Counsel for the Applicants: Mr P Gray SC and Mr M A Polden
Solicitor for the Applicants: Russell Kennedy Lawyers
Counsel for the Respondents: Ms G L Schoff SC and Ms H Jager
Solicitor for the Respondents: HWL Ebsworth Lawyers
ORDERS NSD 850 of 2014
BETWEEN: THUNDER STUDIOS INC (CALIFORNIA) First Applicant
RODRIC MARC DAVID Second Applicant
AND: CHARIF KAZAL First Respondent
ADAM KAZAL Second Respondent
order made by: RARES J DATE OF ORDER: 21 MARCH 2022
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