MURPHY v BHAGAT and ANOR [1994] NSWCA 213

MURPHY v BHAGAT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, KIRBY P and CLARKE JA 13 December 1994, 13 December 1994

[1994] NSWCA 213

COMPANIES — securities — conduct in relation to — statements alleging possible criminality of company trustee — claim for relief under Corporations Law, s995 — refusal of interlocutory injunction on grounds analogous to defamation — whether discretion miscarried

INJUNCTION — interlocutory — statements of securities — whether defamation principles incorporated

DEFAMATION — conduct in relation to securities — whether principles restraining interlocutory injunctions in defamation incorporated — held: Leave refused. Question reserved.

COMPANIES — securities — publication of notices — conduct likely to mislead or deceive — newsletter issued by shareholder attacking trustee — allegations include statements which arguably imply that the trustee may have earned kickbacks, secret commissions and engaged in cheating, malpractice and dishonest management — application for injunctive relief based on defamation and issue of notice published in relation to securities likely to mislead or deceive — Leslie AJ refuses to extend ex parse injunction — refers to established principles governing restraint on the issue of injunctions to prevent defamation — publisher overseas but accepted as intending to return to Australia and as having substantial assets — whether discretion to refuse injunction miscarried

DEFAMATION — injunction — restraint of publication — statements in relation to securities — relief sought under Corporations Law, s1324 — whether in provision of relief the principles restraining the issue of injunctions to prevent defamation are incorporated in the provision of relief under the Corporations Law — held: (by majority): Issue reserved — case not suitable for leave to appeal.