NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Al Muderis v Duncan [2016] NSWSC 1363 Hearing dates: 14 September 2016 Decision date: 14 September 2016 Jurisdiction: Common Law Before: McCallum J Decision: Interlocutory injunction to restrain publication of defamatory website granted. Catchwords: DEFAMATION – ex parte application for injunction to restrain publication - defamatory website with name similar to plaintiff's professional website – where suspected publisher subject to apprehended violence order prohibiting creation of a website that harasses the plaintiff – where breach of AVO would also breach a bond entered into upon suspension of term of imprisonment – no response by defendant to letter of demand. Legislation Cited: Trade Practices Act 1974 Cases Cited: Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57 Caplin v Go Daddy NSW [2005] NSWSC 636 Mazzella v Al Muderis [2014] NSWSC 1087 Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388; [2001] HCA 69 Swimsure (Laboratories) Pty Limited v McDonald [1979] 2 NSWLR 796 Category: Procedural and other rulings Parties: Dr Munjed Al Muderis (plaintiff) Rodney Duncan (first defendant) Gerardo Mazzella (second defendant) Instra Corporation Pty Ltd (third defendant) Representation: Counsel: M Richardson, M Rabsch (plaintiff) No appearance for the defendant
Solicitors: Newhouse & Arnold Lawyers (plaintiff) File Number(s): 2016/276179
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