Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

AUSTRALIAN BROADCASTING CORPORATION APPELLANT

AND

LENAH GAME MEATS PTY LTD RESPONDENT

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd

[2001] HCA 63

15 November 2001

H2/2000

ORDER

1. Appeal allowed. 2. Set aside Orders 1, 2 and 3 of the Full Court of the Supreme Court of Tasmania made on 2 November 1999 and in place thereof order that the appeal to that Court be dismissed. 3. The appellant to pay the costs of the respondent of the appeal to this Court.

On appeal from the Supreme Court of Tasmania

Representation:

T K Tobin QC with J C Gibson and R D Glasson for the appellant (instructed by Judith Walker, ABC Ultimo Centre)

S B McElwaine with J F E Bourke for the respondent (instructed by S B McElwaine)

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth with A J Abbott and J S Stellios intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

B M Selway QC, Solicitor-General for the State of South Australia with J C Cox intervening on behalf of the Attorney-General for the State of South Australia (instructed by the Crown Solicitor for South Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd

Equity – Equitable remedies – Interlocutory injunction – Principles to be applied – Need for plaintiff to show a serious question to be tried – Defence that plaintiff has no equity – Nature of discretion to grant interlocutory relief – Relevance of implied freedom of political communication under the Constitution.

Practice and procedure – Interlocutory injunctions – Power of Supreme Court to grant interlocutory injunction – Whether s 11(12) of Supreme Court Civil Procedure Act 1932 (Tas) alters basis on which the Supreme Court has power to grant an interlocutory injunction – Purpose for which power exists to grant an interlocutory injunction – Meaning of "just and convenient".