NSW Caselaw
New South Wales Supreme Court
CITATION : Brigthen Pty Limited v Nine Network Australia Pty Limited and Ors [2009] NSWSC 319
HEARING DATE(S) : 20 April 2009
JUDGMENT DATE : 20 April 2009
JUDGMENT OF : Johnson J at 1
EX TEMPORE JUDGMENT DATE : 20 April 2009
DECISION : Application for injunction refused.
CATCHWORDS : PROCEDURE - application for injunction to restrain television broadcast - foreshadowed claims for trespass, defamation and false and misleading conduct under Trade Practices Act 1974 (Cth) - applicable principles - injunction refused
LEGISLATION CITED : Trade Practices Act 1974 (Cth)
CATEGORY : Procedural and other rulings
Australian Broadcasting Corporation v O'Neill [2006] 227 CLR 57 Lincoln Hunt Australia Pty Limited v Willesee (1986) 4 NSWLR 457 CASES CITED : Emcorp Pty Limited v Australian Broadcasting Corporation [1988] 2 Qd Reports 169 Rinsale Pty Limited v Australian Broadcasting Corporation (1993) Aust Torts Reports 81-231 Australian Broadcasting Corporation v Lenah Game Meats Pty Limited [2001] 208 CLR 199 TCN Channel Nine Pty Limited v Ilvariy Pty Limited (2008) 71 NSWLR 323
Brighten Pty Limited (Plaintiff) PARTIES : Nine Network Australia Pty Limited (First Defendant) Ben Fordham (Second Defendant) Catherine Williams (Third Defendant)
FILE NUMBER(S) : SC 2009/12137
COUNSEL : Mr TS Hale SC; Mr VF Kerr (Plaintiff) Mr ATS Dawson (Defendants)
SOLICITORS : Phillip A Biber (Plaintiff) Johnson Winter & Slattery (First Defendant)
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