Riske v Oxley Insurance Brokers Pty Limited [2013] NSWSC 972

Supreme Court New South Wales

Medium Neutral Citation: Riske v Oxley Insurance Brokers Pty Limited [2013] NSWSC 972 Hearing dates: 15/07/2013 Decision date: 15 July 2013 Jurisdiction: Common Law Before: Garling J Decision: (1) I note that the plaintiffs, by their counsel, give the usual undertaking as to damages. (2) I note that the defendants do not oppose the orders which I am shortly to pronounce, but their non-opposition is in circumstances where they make it plain that they make no admissions as to the facts upon which such order may be based. (3) I order that until further order of the Court, the defendants be, and hereby are, restrained from publishing or continuing to publish any representations regarding the circumstances of the termination of the first or second plaintiffs from their employment with the first defendant in October 2011. (4) I note that it will not be a breach of this order for the defendants to publish or convey such representations to: (a) any legal advisor retained for the purposes of this case; (b) to any person, where such disclosure is made solely for the purpose of the preparation of the defence of these proceedings; and (c) when required by law or by any appropriate government or statutory authority (5) I order that the costs of this Notice of Motion be costs in the cause. (6) I order the defendants to serve any objections and request for particulars of the plaintiff's Statement of Claim by 30 July 2013. (7) I order the plaintiffs to answer such objections and requests for particulars by 13 August 2013. (8) I order that the proceedings stand over to 9am on 27 August 2013 before the registrar for further directions. (9) I grant liberty to apply on two days' notice Catchwords: DEFAMATION - application for interlocutory injunction - no point of principle. Category: Interlocutory applications Parties: Lee Hendrick Riske (P1) Stephen Edward Charles Cook (P2) Oxley Insurance Brokers Pty Limited (D1) Rodney Paul McLean (D2) Representation: Counsel: C P O'Neill (P1 & P2) D Caspersonn (D1 & D2) Solicitors: Priest McCarron (P1 & P2) Lee & Lyons (D1) File Number(s): 2013/184125