Malcolm Bruce Duncan v Allen & Unwin & Ors [2004] NSWSC 1069

New South Wales Supreme Court

CITATION : Malcolm Bruce Duncan v Allen & Unwin & Ors [2004] NSWSC 1069 revised - 15/11/2004 HEARING DATE(S) : 9 November 2004 JUDGMENT DATE : 9 November 2004 JURISDICTION: Equity Duty List JUDGMENT OF : Bergin J DECISION : Application refused with costs

CATCHWORDS : [DEFAMATION] - [INJUNCTION] - Application for injunction to restrain the further publication of a book that has been on sale for about 2 months - subject matter of public interest and concern - plaintiff in political arena CASES CITED : Chappell v TCN Channel Nine Pty Ltd (1988) 14 NSWLR 153 Church of Scientology of California Incorporated and Another v Reader's Digest Services Pty Ltd (1980) 1 NSWLR 344 Malcolm Bruce Duncan (Plaintiff) PARTIES : Allen & Unwin (First Defendant) Ingrid Van Beek (Second Defendant) Paola Totaro (Third Defendant) FILE NUMBER(S) : SC 5986/04 COUNSEL : M.B. Duncan (in person) M.G. Lynch (defendants) M.B. Duncan (in person) SOLICITORS : Corrs Solicitors (first and second defendants) Mark Polden (third defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST

Bergin J

9 November 2004

5986/04 MALCOLM BRUCE DUNCAN v ALLEN & UNWIN & ORS JUDGMENT

1 This is an application by Malcolm Bruce Duncan, the plaintiff, a member of the New South Wales bar, appearing in person today, seeking to injunct the defendants from publishing, distributing or offering for sale any copy of a publication titled "In the Eye of the Needle" (the book). The first defendant is the publisher of the book. The second defendant, Ingrid Van Beek, is the author of the book and the third defendant, Paola Totaro, is, I understand, a journalist who has written an article reviewing the book. 2 The plaintiff has for some time been an advocate against the establishment of the injecting centre in Kings Cross. His advocacy has been in his capacity as the head of the Chamber of Commerce in Kings Cross prior to its winding up in recent times. It is also the case that the plaintiff entered further into the political arena as an independent, seeking election in the most recent State election. The book makes a number of references to the plaintiff, about which the plaintiff apparently intends to complain by bringing proceedings in the Defamation List of this Court or other appropriate court.