Missingham v Shamin [2011] NSWSC 1208

Supreme Court New South Wales

Medium Neutral Citation: Missingham v Shamin [2011] NSWSC 1208 Hearing dates: Wednesday, 28 September 2011 Decision date: 28 September 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Defendant by itself and its servants and agents restrained from disclosing terms of settlement except in specified circumstances. Catchwords: INTERLOCUTORY INJUNCTIONS - Plaintiff contends defendant in breach of confidentiality clause of deed entered into in settlement of defamation proceedings - strongly arguable defendant in breach by making of posts on internet forum - defendant contends relief should be refused as plaintiff lacks clean hands - not established court would decline final relief on this basis - assertion publication complained about in public domain as a result of pronouncements in Court proceedings - in public domain to limited extent entailing that confidentiality not lost - plaintiff has arguable case for final relief - balance of convenience favours grant of injunction as obligation of confidence would be completely defeated if injunction refused - no evidence of prejudice to be suffered by defendant - injunctory relief granted. Category: Procedural and other rulings Parties: Walter Patrick Missingham (plaintiff) Alex Shamin (defendant) Representation: Counsel: Mr D Roche (plaintiff) Mr B Goldsmith (solicitor, defendant) Solicitors: Yeldham Price O'Brien Lusk (plaintiff) Goldsmiths Lawyers (defendant) File Number(s): 2011/305541