High Court of Australia

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63

208 CLR 199; 76 ALJR 1; 185 ALR 1

15 Nov 2001

Case Number: H2/2000

Before

Gleeson CJ, Gaudron, Gummow, Kirby, Hayne, Callinan JJ

Catchwords

Equity – Equitable remedies - Interlocutory injunction - Principles to be applied - Need for plaintiff to show a serious question to be tried - Defence that plaintiff has no equity - Nature of discretion to grant interlocutory relief - Relevance of implied freedom of political communication under the Constitution.

Practice and procedure – Interlocutory injunctions - Power of Supreme Court to grant interlocutory injunction - Whether s 11(12) of Supreme Court Civil Procedure Act 1932 (Tas) alters basis on which the Supreme Court has power to grant an interlocutory injunction - Purpose for which power exists to grant an interlocutory injunction - Meaning of "just and convenient".

Torts – Privacy - Whether Australian law recognises a tort of invasion of privacy - Whether right to privacy attaches to corporations - Relevance of implied freedom of political communication under the Constitution to the tort of privacy.

Constitutional law (Cth) – Interpretation of Constitution - Implications from Constitution - Implied freedom of communication concerning government and political matters - Whether law providing for interlocutory injunction against broadcaster infringes implied freedom - Whether injunction if granted would infringe freedom - Relevance of implied freedom to grant of injunction - Whether properly or at all taken into account.

Trespass to land – Trespasser illegally made clandestine film of activities and gave it to a broadcaster - Whether owner has right to restrain publication of film by broadcaster.

Words and phrases – "unconscionability" - "just and convenient" - "interlocutory injunction".

Supreme Court Civil Procedure Act 1932 (Tas) – ss 10, 11.

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