Cleary v Kocatekin [2012] NSWSC 364

Supreme Court New South Wales

Medium Neutral Citation: Cleary v Kocatekin [2012] NSWSC 364 Hearing dates: 17 April 2012 Decision date: 18 April 2012 Jurisdiction: Common Law Before: Davies J Decision: 1. Upon the Plaintiff giving the usual undertaking as to damages, I order that the Second Defendant be restrained from televising, streaming, transmitting or otherwise publishing, whether by the television program known as 'Today Tonight' or any other television program, via the internet or otherwise, any material dealing with the subject matter of the dispute in proceedings number HB 11/55779 in the Consumer, Trader and Tenancy Tribunal, or otherwise dealing with the building contract between the Plaintiff and the First Defendant, or the costs of or the nature and quality of the building works performed to the First Defendant and/or others by the Plaintiff. 2. Costs to be costs in the cause. Catchwords: EQUITY - injunctions - auxiliary jurisdiction - to restrain party assisting in breach of contract - settlement of proceedings by confidential deed - breach by one party to deed - intention of television station to broadcast material in breach of deed - whether broadcast would amount to further breach - whether serious question to be tried. Legislation Cited: Home Building Act 1989 Cases Cited: Donnelly v Amalgamated Television Services Pty Ltd (1998) 45 NSWLR 570 Film Financial Consultants Ltd v Becker Group Ltd [2006] NSWSC 319 Hitchcock v TCN Channel Nine [2000] NSWSC 198 Johnss v Australian Securities Commission [1993] HCA 56; (1993) 178 CLR 408 Short v City Bank of Sydney (1912) 15 CLR 148 Category: Interlocutory applications Parties: John Cleary (Plaintiff) Kate Kocatekin (First Defendant) Seven Network (Operations) Ltd (Second Defendant) Representation: Counsel: M Lawson (Plaintiff) No Appearance (First Defendant) D R Sibtain (Second Defendant) Solicitors: Watkins Tapsell (Plaintiff) No Appearance (First Defendant) Addissons (Second Defendant) File Number(s): 2012/119933