JANDEX PTY LTD v AUSTRALIAN BROADCASTING CORPORATION [1989] NSWCA 109

JANDEX PTY LTD v AUSTRALIAN BROADCASTING CORPORATION SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, MAHONEY and CLARKE JJA 17 July 1989, 17 July 1989

[1989] NSWCA 109

Contempt — alleged threatened contempt by a telecast in respect of current proceedings — application for injunction to restrain telecast refused — appeal — application for injunction pending appeal — need for applicant to establish clear case of contempt if telecast took place — application dismissed.

Hope JA This is an application by Jandex Pty Ltd for an injunction pending the hearing of an appeal from a decision made in proceedings between it and the Australian Broadcasting Corporation, Robert Lyne and Baltmar Holdings Pty Ltd in the Equity Division of the Court in which Hodgson J declined to grant Jandex an injunction to restrain the Australian Broadcasting Corporation from broadcasting certain material on its programme called "The Investigators".

The material concerns a dispute between Jandex and Baltmar about a debt which Baltmar claims is owed to it by Jandex. The debt arises out of a printing job which Baltmar performed for and at the request of Jandex. The original quote for that job was $13,000 but according to the learned judge at first instance the job actually performed was greater than that originally contemplated and Baltmar claimed an additional sum of about $46,000 for the extra work. Jandex paid the amount of the original quote, $13,000, but disputed the extent and value of the extra work. There were discussions between the parties to try to resolve the dispute and among other things Jandex offered to pay an additional $23,000 and also offered co-operation in resolving the dispute by arbitration. Both these offers were rejected by Baltmar and Baltmar in November 1988 instituted proceedings against Jandex in the District Court claiming approximately $46,000 on a common money count.