AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2009] NSWSC 863

Reported Decision : 74 NSWLR 612

New South Wales Supreme Court

CITATION : AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2009] NSWSC 863 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 24 August 2009 JURISDICTION : Equity Division

JUDGMENT OF : Rein J

EX TEMPORE JUDGMENT DATE : 25 August 2009

1. Leave granted to vary the interlocutory injunction in the terms sought. DECISION : 2. The plaintiffs to pay the first, third and fourth defendants' costs of the Motion. 3. Order 1 above is not to take effect until 4pm today.

CATCHWORDS : EQUITY – equitable remedies – injunctions – application to vary of interlocutory injunction to permit publication of report of hearing before Commonwealth Parliamentary Standing Committee - EVIDENCE – admissibility and relevancy – objection to affidavit evidence based on contention that by virtue of s 16(3) Parliamentary Privileges Act 1987 (Cth) it was not lawful for such evidence to be tendered or received – evidence which is relied on to prove that something was said in Parliamentary proceedings does not infringe s 16(3) of the Act

LEGISLATION CITED : Parliamentary Privileges Act 1987 (Cth)

CATEGORY : Procedural and other rulings

Channel Seven Adelaide Pty Ltd v Manock (2007) 232 CLR 245 Comalco Ltd v Australian Broadcasting Corporation [1983] 50 ACTR 1 CASES CITED : Habib v Commonwealth of Australia [2008] FCA 1494 Mundey v Askin [1982] 2 NSWLR 369 R v Theophanous [2003] VSCA 78