NSW Caselaw
New South Wales Supreme Court
CITATION : Advanced Medical Institute Pty Ltd & Anor v Channel Seven Sydney Pty Ltd [2007] NSWSC 793
HEARING DATE(S) : 11 July 2007
JUDGMENT DATE : 24 July 2007
JUDGMENT OF : Harrison J
DECISION : (1) The defendant is released from the undertakings given by it on 16 October 2003. (2) I revoke the non-publication order made by me on 11 July 2007. (3) The plaintiffs are to pay the defendant's costs.
CATCHWORDS : DEFAMATION – undertakings "until further order" – application by defendant to be released from undertakings – principles to be applied on such an application – whether governed by principles of general application or constrained by the particular nature of the undertakings given in the face of a threatened defamation – whether significant change of circumstances established
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc & Anor (1981) 148 CLR 170 Australian Broadcasting Corporation v O'Neill (2006) ALJR 1672; [2006] HCA 46 CASES CITED : Baker v Beckett (Cohen J, 26 May 1998, unreported) Church of Scientology of California Inc & Anor v Reader's Digest Services Pty Ltd [1980] 1 NSWLR 344 Cutler v Wandsworth Stadium Ltd [1945] 1 All ER 103 In re the Will of F B Gilbert (dec) (1946) 46 SR (NSW) 318
Advanced Medical Institute Pty Ltd (first plaintiff) PARTIES : Jacov Vaisman (second plaintiff) Channel Seven Sydney Pty Ltd (defendant)
FILE NUMBER(S) : SC 12672 of 2003
COUNSEL : Mr A Leopold with Mr K Andronos (plaintiffs) Mr T Blackburn SC with Mr D Sibtain (defendant)
SOLICITORS : Blake Dawson Waldron (plaintiffs) Mallesons Stephen Jacques (defendant)
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