CD v FG [2021] NSWSC 300

Supreme Court New South Wales

Medium Neutral Citation: CD v FG [2021] NSWSC 300 Hearing dates: 25 and 26 June 2019 and 4 July 2019; 23 September 2020; further written submissions September and November 2020 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The plaintiff is entitled to appropriate orders by way of injunctive relief. (2) Submissions are to be made with respect to the form of the injunctive relief, suppression orders and on the question of costs. (3) The proceedings are listed at 2:30pm on Friday, 9 April 2021 to take submissions on those questions. (4) Any affidavits in support of the form the final orders should take are to be filed and served by Friday, 2 April 2021. Catchwords: TORT – defamation – injurious falsehood – injunctions – whether final injunction should be granted – principles to be applied in the exercise of the Court's discretion to grant a permanent injunction in defamation cases – freedom of speech – suppression order – permanent restraining order – final injunction granted Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8 and 12 Defamation Act 2005 (NSW), s 30 Supreme Court Act 1970 (NSW), s 66 Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 45 Carolan v Fairfax Media Publications Pty Ltd (No 7) [2017] NSWSC 351 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388; [2001] HCA 69 Rush v Nationwide News Pty Limited (No 9) [2019] FCA 1383 Category: Principal judgment Parties: CD (Plaintiff) FG (Defendant) Representation: Counsel: B McClintock SC/M Richardson (Plaintiff) L Goodchild (Defendant)