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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Canview Pty Ltd v Gilmore [2024] FCA 551
PRACTICE AND PROCEDURE – Application for interlocutory injunction – where the applicants contend that the respondent has misused confidential information and infringed copyright – where prima facie case established – whether balance of convenience favoured the grant of an injunction – where the form of interlocutory orders in contention – injunction granted
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Australian News Channel Pty Ltd v Isentia Pty Limited [2024] FCA 363
COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – application dismissed
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Vald Pty Ltd v KangaTech Pty Ltd (No 5) [2024] FCA 333
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