KW v SR [2021] NSWSC 847

Supreme Court New South Wales

Medium Neutral Citation: KW v SR [2021] NSWSC 847 Hearing dates: 2 July 2021 Date of orders: 2 July 2021 Decision date: 02 July 2021 Jurisdiction: Common Law Before: Walton J Decision: The Court made the following orders: (1) Until the hearing of the matter or until further order, an interim injunction pursuant to s 66 of the Supreme Court Act 1970 (NSW) restraining the defendant from publishing or causing to be published any of the following representations (or representations to substantially the same effect): (a) the plaintiff has made false and illegal claims in Family Court proceedings; (b) the plaintiff has engaged in dishonest and illegal conduct; (c) the plaintiff has engaged in criminal conduct; (d) the plaintiff has engaged in conduct warranting her incarceration. (2) Pursuant to s 10 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), an interim order that the identity of the parties to these proceedings, the affidavit of Rebekah Giles sworn on 2 July 2021 and the submissions dated 2 July 2021 be suppressed until further order on the ground that it is necessary to prevent prejudice to the proper administration of justice. (3) The time for service of the Summons and Affidavit of Rebekah Giles sworn 2 July 2021 be abridged to 8pm today. (4) Personal service of the Summons and Affidavit of Rebekah Giles be dispensed with and substituted service on the Defendant be effected by: (a) Email to email address [redacted]; and (b) LinkedIn message at [redacted]. (5) The parties have liberty to relist the matter before the Court on 24 hours' notice. (6) The matter to be listed for further interlocutory hearing on 7 July 2021 before the Duty Judge. (7) The plaintiff to serve these Orders and the submissions dated 2 July 2021 on the defendant by 8 pm today by: (a) Email to email address [redacted]; and (b) LinkedIn message at [redacted]. (8) Costs reserved. Catchwords: TORTS – injurious falsehood – false statement concerning trade, goods or business – publication to third party – publication of false allegations – allegations of dishonesty and fraud – lack of personal knowledge – employment relationship – injury to employee – malice – intimidation – improper motive – lack of good faith – reputational damage INTERIM RELIEF – serious question to be tried – balance of convenience – lack of prejudice SUPPRESSION ORDER – interim order – family law proceedings – prevent prejudice – proper administrative of justice – sufficient basis interim relief Legislation Cited: Supreme Court Act 1970 (NSW) Courts Suppression and Non-publication Orders Act 2010 (NSW) Family Law Act 1975 (Cth) Cases Cited: AMI Australia Holding Pty Ltd v Fairfax Media Publications [2010] NSWSC 1395 Bonnard v Perryman [1891] 2 Ch 269 Menulog Pty Ltd v TCN Channel Nine Pty Ltd [2012] NSWSC 247 Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388 Category: Procedural rulings Parties: KW (Plaintiff) SR (Defendant) Representation: Counsel: S Chrysanthou (Plaintiff)