NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Darwin v Norman (No 2) [2017] NSWSC 1635 Hearing dates: 22 September 2017 Decision date: 03 October 2017 Jurisdiction: Common Law Before: McCallum J Decision: Applicant's application for injunctive relief refused; any proposed further amendment to the pleading to be circulated within 28 days; time within which the defendant is to file her defence to the amended statement of claim extended to 31 October 2017; applicant, Mount Warning Eco Village Pty Ltd, ordered to pay the defendant's costs of the application Catchwords: INJURIOUS FALSEHOOD – application for injunction to restrain publication of blogs discussing proposed development of rural land – whether prima facie case established – inchoate nature of applicant's interest in the development – applicant having little more than a prospective advantage based on an undeveloped marketing proposal Cases Cited: Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388; [2001] HCA 69 Category: Procedural and other rulings Parties: Mark James Darwin (first plaintiff) Adrian Peter Brennock (second plaintiff) Phillip John Dixon (third plaintiff) Steven Peter McSween (fourth plaintiff) Gillian Linda Norman (defendant) Mount Warning Eco Village Pty Ltd (applicant on the motion) Representation: Counsel: D Sibtain (plaintiffs and applicant on motion) K Smark SC (defendant)
Solicitors: Stone Group Lawyers (plaintiffs) File Number(s): 2017/81825 Publication restriction: None
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