TORT – trespass – injurious falsehood – applicant seeks permanent injunctive relief to restrain respondent from publishing video images obtained as a result of trespasses – where applicant operates a commercial abattoir – where respondent is an animal rights organisation – where relevant video images portray scenes from within abattoir – where respondent made initial publication of relevant video images – where interim injunction granted to prevent publication – where trespasses are admitted – whether initial publication amounted to injurious falsehood – whether initial publication conveyed false representations as to applicant’s business – whether initial publication actuated by malice – whether applicant suffered special damage by alleged injurious falsehood – whether applicant entitled to permanent injunctive relief – whether damages an adequate remedy – whether applicant entitled to award of general damages – whether applicant entitled to award of exemplary damages – application allowed in part.
CONSUMER LAW – whether initial publication was misleading or deceptive, or likely to mislead or deceive – whether relief under Australian Consumer Law available to applicant – application refused.
EQUITY – whether respondent’s ownership under Copyright Act 1968 (Cth) of copyright in imagery obtained during trespass is held on trust for applicant – whether existence of trust should be recognised – whether assignment of legal interests should be required – application refused.
Related cases about tort law and copyright
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Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
COPYRIGHT – artistic works – designs on packaging of children’s food products – where the applicants claimed that the respondent had infringed copyright by selling products in packaging that reproduced a substantial part of the applicants’ works – whether the applicants owned the copyright in the relevant works – whether the respondent’s designs reproduced…
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Roadshow Films Pty Limited v Telstra Limited [2024] FCA 1388
COPYRIGHT – whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) – Held: site blocking and related orders made
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Skildum-Reid v University of Queensland [2024] FCA 733
PRACTICE AND PROCEDURE – discovery – preliminary discovery – application under rr 7.22 and 7.23 of the Federal Court Rules 2011 (Cth) – documents sought in relation to alleged copyright infringement and infringement of moral rights – where applicant failed to provide sufficient evidence to satisfy criteria under either rule – application dismissed
