Kidu v Fifer & Ors [2016] NSWSC 488

Supreme Court New South Wales

Medium Neutral Citation: Kidu v Fifer & Ors [2016] NSWSC 488 Hearing dates: 14 April 2016 Date of orders: 22 April 2016 Decision date: 22 April 2016 Jurisdiction: Equity Before: Slattery J Decision: Injunction granted on terms that the plaintiff provide satisfactory security in the sum of $250,000. Catchwords: EQUITY – unconscionable conduct and promissory estoppel – first defendant makes documentary including film of the plaintiff – plaintiff alleges that the first defendant represented to her that the film footage taken would only be used for the plaintiff's film school course – documentary completed and proposed to be shown at an international documentary film festival – rights to the documentary assigned to the second and then the third defendants – whether there is a serious question to be tried that the documentary was filmed in circumstances in which the plaintiff was assured that its use would be limited; and whether the first defendant has unconscionably resiled from their assurance to the plaintiff.

INJUNCTION – interlocutory injunction – whether an interlocutory injunction should be granted - whether the plaintiff has established a serious question to be tried – whether the balance of convenience, questions of hardship and other relevant factors favour the grant of an interlocutory injunction in the circumstances - on what terms should any injunction be granted. Legislation Cited: Civil Procedure Act 2005 Competition and Consumer Act 2010 (Cth), s 5(1). Supreme Court Act 1970 Cases Cited: Australian Broadcasting Company v O'Neill (2006) 227 CLR 57 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Beese v Woodhouse [1970] 1 WLR 586 Doherty v Allman (1873) 3 App Cas 709 Edelsten v Australian Broadcasting Corporation (1984) Aust Torts Reports 80 – 672 Ermogenous v Greek Orthodox Community of South Australia Inc (2002) 209 CLR 95, [2002] HCA 8 Francome v Mirror Group Newspapers Ltd [1984] 1 WLR 892 Kolback Securities Ltd v Epoch Mining (1987) 8 NSWLR 533 McCarty v Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210 Otis Elevator Company Ltd v Nolan [2007] NSWSC 593 Stocker v McElhinney (No. 2) [1961] NSWR 1043 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Plaintiff: Carol Anne Kidu First Defendant: Hollie Fifer Second Defendant: Media Stockdale Pty Ltd Representation: Counsel: