Candy v Bauer Media Limited [2013] NSWSC 979

Supreme Court New South Wales

Medium Neutral Citation: Candy v Bauer Media Limited [2013] NSWSC 979 Hearing dates: 20 July 2013 Decision date: 20 July 2013 Jurisdiction: Equity Division - Duty List Before: Pembroke J Decision: See paragraph [23] Catchwords: INTERLOCUTORY INJUNCTION - futility - lack of utility Category: Interlocutory applications Parties: Holly Rachel Candy - plaintiff Bauer Media Limited - defendant Representation: Counsel: A T S Dawson with W R Potter for the plaintiff T D Blackburn SC - for the defendant Solicitors: Kennedys - for the plaintiff Johnson Winter Slattery - for the defendant File Number(s): 2013/222590

Judgment 1The plaintiff is an actress. She is an Australian citizen now resident in the United Kingdom. She lives there with her husband. 2She has made an application today, Saturday afternoon, for an injunction to restrain the defendant from publishing, communicating or referring to certain photographs that were taken of her on a yacht off the Italian coast showing her in an advanced state of pregnancy. I was told that she is five months pregnant.

Undertaking as to Damages 3She supports her application with an unusually informal approach to the provision of an undertaking as to damages. There is no evidence about her financial position. I was expected to assume that she was wealthy because of her notoriety and expected to assume that an undertaking could be given by her husband, although he is not a party to the proceedings and not a resident of New South Wales, or a citizen of this country. I was expected to assume he is also wealthy and that, in effect, I could not possibly think otherwise. I know nothing of his financial position and I am not prepared to act on that basis. That, however, is only a minor matter compared to the other difficulties which the application faces.