NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Shine Motor Corporation Pty Ltd v Australian Broadcasting Corporation [2024] NSWSC 800 Hearing dates: 27 June 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Common Law Before: Button J Decision: Interlocutory injunction refused; ancillary orders made Catchwords: TORTS – economic torts – injurious falsehood – injunctions – application for interlocutory injunction restraining publication – asserted tort of injurious falsehood – plaintiff company asserts article published by defendant falsely states that plaintiff and its officers engaged in criminality – discussion of elements of tort – discussion of the matters needing to be established in order for injunction to be granted – arguable case with regard to many elements of tort – no sufficiently good case for element of malice – application for injunction dismissed – ancillary orders Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Born Brands Pty Limited & Ors v Nine Network Australia Pty Ltd & Ors [2011] NSWSC 642 Jay v Petrikas [2023] NSWCA 297 Category: Procedural rulings Parties: Shine Motor Corporation Pty Ltd (Plaintiff) Australian Broadcasting Corporation (First Defendant) Elinya Chenery (Second Defendant) Representation: Counsel: M Hall (Plaintiff) M Lewis / G Morgan-Cocks (Defendants)
Solicitors: Dina Lawyers (Plaintiff) ABC Legal (Defendants) File Number(s): 2024/229164
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