The Game Meats Company of Australia v Farm Transparency International Ltd [2024] FCA 1455

Federal Court of Australia The Game Meats Company of Australia v Farm Transparency International Ltd [2024] FCA 1455 File number:

Judgment of: SNADEN J

Date of judgment: 19 December 2024

TORT – trespass – injurious falsehood – applicant seeks permanent injunctive relief to restrain respondent from publishing video images obtained as a result of trespasses – where applicant operates a commercial abattoir – where respondent is an animal rights organisation – where relevant video images portray scenes from within abattoir – where respondent made initial publication of relevant video images – where interim injunction granted to prevent publication – where trespasses are admitted – whether initial publication amounted to injurious falsehood – whether initial publication conveyed false representations as to applicant's business – whether initial publication actuated by malice – whether applicant suffered special damage by alleged injurious falsehood – whether applicant entitled to permanent injunctive relief – whether damages an adequate remedy – whether applicant entitled to award of general damages – whether applicant entitled to award of exemplary damages – application allowed in part. Catchwords: CONSUMER LAW – whether initial publication was misleading or deceptive, or likely to mislead or deceive – whether relief under Australian Consumer Law available to applicant – application refused. EQUITY – whether respondent's ownership under Copyright Act 1968 (Cth) of copyright in imagery obtained during trespass is held on trust for applicant – whether existence of trust should be recognised – whether assignment of legal interests should be required – application refused.