Greenwich v Latham (No 2) [2025] FCA 131

Federal Court of Australia Greenwich v Latham (No 2) [2025] FCA 131 File number(s):

Judgment of: O'CALLAGHAN J

Date of judgment: 26 February 2025

Catchwords: DEFAMATION – application for permanent injunction to restrain republication of defamatory imputation – whether injunction should go – Court's jurisdiction to grant permanent injunctions – whether real or appreciable risk of republication of defamation – consideration of right to freedom of communication and expression concerning governmental and political matters – question whether damages an adequate remedy inapposite on application for permanent injunctive relief where applicant awarded damages for personal distress and hurt and the harm to his personal and professional reputation and where there is no suggestion that the respondent is or will be unable to pay the damages sum awarded – application for permanent injunction dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Defamation Act 2005 (NSW) s 23

Blake v Fox [2024] EWHC 956 (KB) Carolan v Fairfax Media Publications Pty Ltd (No 7) [2017] NSWSC 351 Chau v Australian Broadcasting Corp (No 3) [2021] FCA 44; (2021) 386 ALR 36 Greenwich v Latham [2024] FCA 1050 Harbour Radio Pty Ltd v Wagner (2019) 2 QR 468 Hockey v Fairfax Media Publications Pty Ltd (No 2) (2015) 237 FCR 127 Cases cited: Lachaux v Independent Print Ltd [2021] EWHC 1797 (QB) Palmer v McGowan (No 5) [2022] FCA 893; (2022) 404 ALR 621 Proctor v Bayley (1889) 42 Ch D 390 Roberts v Bass (2002) 212 CLR 1 Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327 Rush v Nationwide News Pty Ltd (No 9) [2019] FCA 1383 Tavakoli v Imisides (No 4) [2019] NSWSC 717 Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118