NSW Caselaw
New South Wales Supreme Court
CITATION : Kamm v Channel Seven Sydney [2005] NSWSC 699
HEARING DATE(S) : 8 July 2005
JUDGMENT DATE : 8 July 2005
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Interlocutory injunction refused
CATCHWORDS : INJUNCTIONS - quia timet injunction to restrain television broadcast by reason on potential interference with pending criminal trial - availability of injunction to restrain contempt of court - whether serious question to be tried demonstrated - PROCEDURE - contempt, attachment and sequestration, availability of injunction in Supreme Court to restrain apprehended interference with course of justice in pending trial in the District Court - whether serious question to be tried made out
Ex parte Bread Manufacturers Limited Re Truth and Sportsmen Limited (1937) 37 SR (NSW) 242 Her Majesty's Attorney General in and for the State of New South Wales v Time Inc Magazine Company Pty Limited (7 June 1994, unreported) Hinch v Attorney-General for State of Victoria (1987) 164 CLR 15 CASES CITED : New South Wales Law Association v Muirhead (1988) 14 NSWLR 173 Waterhouse v Australian Broadcasting Corporation (1986) 6 NSWLR 716 Waterhouse v Australian Broadcasting Corporation (1986) 6 NSWLR 733 Witham v Holloway (1995) 183 CLR 525
William Kamm - Plaintiff PARTIES : Channel Seven Sydney Pty Ltd - Defendant
FILE NUMBER(S) : SC 3913/05
G Stanton; McBride - Plaintiff COUNSEL : KP Smark; ST Chrysanthou - Defendant
Jack Rigg Solicitors - Plaintiff SOLICITORS : Mallesons Stephen Jaques - Defendant
LOWER COURT JURISDICTION :
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