AAMAC Warehousing & Transport Pty Limited & Ors v Fairfax Media Publications Pty Limited & Ors [2009] NSWSC 970

New South Wales Supreme Court

CITATION : AAMAC Warehousing & Transport Pty Limited & Ors v Fairfax Media Publications Pty Limited & Ors [2009] NSWSC 970 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 24, 25, 26, 29 and 30 June 2009

JUDGMENT DATE : 21 September 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

ORDERS: (1) Orders 1 and 2 made on 24 June 2009 are discharged; (2) The operation of this order is stayed until 5.00pm on Thursday 24 September 2009; DECISION : (3) Liberty to apply is granted; (4) Reserve the question of costs; and (5) Direct the parties to contact my associate by 5.00pm on Thursday 24 September 2009 with a view to fixing a date to argue any questions of costs; (6) Exhibits may be returned after 28 days.

CATCHWORDS : EQUITY - equitable remedies - injunctions against publication - party seeking an injunction ex parte - duty of candour to make disclosure of material matters - issue of what are material matters - matters not disclosed are material - discretion to discharge orders obtained through non disclosure - non disclosures deliberate and serious - injunction discharged.

LEGISLATION CITED : Fair Trading Act 1987

CATEGORY : Principal judgment

ABC v Lenah Meats (2001) 208 CLR 199 Brink's Mat Ltd v Elcombe [1988] 1 WLR 1350 Ellinger v Guinness Mahon & Co [1939] 4 All ER 16 Garrand v Email Furniture Pty Limited (1993) 32 NSWLR 662 Kaplan v Go Daddy Group [2005] NSWSC 636 CASES CITED : Kolback Securities Limited v Epoch Mining N L (1987) 8 NSWLR 533 Lazard Brothers & Co v Midland Bank [1933] AC 289 Savcor Pty Ltd v Cathodic Protection International APS [2005] VSCA 213 Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 Victoria Teachers Credit Union Limited v KPMG (a firm) & Anor (2001) 1 VR 654 Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Limited [2005] FCA 955