Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd t/as 2GB and 2GB 873 [2019] NSWSC 1576

Supreme Court New South Wales

Medium Neutral Citation: Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd t/as 2GB and 2GB 873 [2019] NSWSC 1576 Hearing dates: 7 November 2019 Date of orders: 15 November 2019 Decision date: 15 November 2019 Jurisdiction: Common Law Before: Davies J Decision: The parties are to bring in short minutes to reflect these reasons and to define the terms of the interlocutory injunction Catchwords: TORTS – injurious falsehood – application for interlocutory injunction to prevent further publications pending final hearing where the first defendant is a media company and the second defendant is an employee and radio broadcaster for the first defendant – where the second defendant made a number of representations about the plaintiff's business on his radio show – representations were also made in articles published on the first defendant's website – whether there is a prima facie case that the representations were made maliciously – where the defendants made allegations about the plaintiff with reckless indifference to the truth of the allegations or without any belief in the truth of the allegations – absence of evidence to support a number of statements made by the defendants – prima facie case made out – balance of convenience strongly favours the plaintiff Legislation Cited: Nil Cases Cited: AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2010] NSWSC 1395 DHR International, Inc a company incorporated in Delaware in the United States of America v Challis [2015] NSWSC 1567 Gross v Weston (2007) 69 NSWLR 279; [2007] NSWCA 1 Joyce v Sengupta [1993] 1 All ER 897 Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388; [2001] HCA 69 Texts Cited: Nil Category: Procedural and other rulings Parties: Omega Plumbing Pty Ltd (Plaintiff) Harbour Radio Pty Ltd t/as 2GB and 2GB 873 (First Defendant) Ray Hadley (Second Defendant) Representation: Counsel: D Sibtain & J Mack (Plaintiff) M Richardson (Defendants)