Cleary v Kocatekin & Seven Network (Operations) Ltd [2012] NSWSC 692

Supreme Court New South Wales

Medium Neutral Citation: Cleary v Kocatekin & Seven Network (Operations) Ltd [2012] NSWSC 692 Hearing dates: 13 June 2012 Decision date: 22 June 2012 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Claim against second defendant of inducing a breach of contract dismissed Catchwords: [INJUNCTIONS] - Restraint on publication of program in which first defendant breaches contract with the plaintiff - whether injunction should continue

[INDUCING BREACH OF CONTRACT] -whether publisher was aware of contract - whether constructive knowledge - whether intention to induce breach of contract Cases Cited: Allstate Life Insurance Company v Australia and New Zealand Banking Group Ltd (1995) 58 FCR 26 Emerald Construction Co Limited v Lowthian [1966] 1 WLR 691 Fightvision Pty Ltd v Onisforou and Others; Tszyu v Fightvision Pty Ltd and Another (1999) 47 NSWLR 473 Hitchcock v TCN Channel 9 [2000] NSWSC 198 Northern Territory of Australia v Mengel [1995] HCA 65; (1995) 185 CLR 307 OBG Ltd v Allan; Douglas v Hello! Ltd; Mainstream Properties v Young [2008] 1 AC 1; [2007] UKHL 21 Short v The City Bank of Sydney (1912) 15 CLR 148 Category: Principal judgment Parties: John Cleary (Plaintiff) Kate Kocatekin (1st Defendant) Seven Network (Operations) Ltd (2nd Defendant) Representation: Counsel: M Lawson (Plaintiff) KP Smark SC (Defendants) Solicitors: Watkins Tapsell (Plaintiff) Addisons (Defendants) File Number(s): 2012/119933 Publication restriction: Nil