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.
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
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