Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, GUMMOW, KIRBY, HAYNE AND CALLINAN JJAUSTRALIAN BROADCASTING CORPORATION                   APPELLANTANDLENAH GAME MEATS PTY LTD  RESPONDENTAustralian Broadcasting Corporation v Lenah Game Meats Pty Ltd[2001] HCA 6315 November 2001H2/2000ORDER1.Appeal allowed.2.Set aside Orders 1, 2 and 3 of the Full Court of the Supreme Court of Tasmania made on 2 November 1999 and in place thereof order that the appeal to that Court be dismissed.3.The appellant to pay the costs of the respondent of the appeal to this Court. On appeal from the Supreme Court of TasmaniaRepresentation:T K Tobin QC with J C Gibson and R D Glasson for the appellant (instructed by Judith Walker, ABC Ultimo Centre)S B McElwaine with J F E Bourke for the respondent (instructed by S B McElwaine)Interveners:D M J Bennett QC, Solicitor-General of the Commonwealth with A J Abbott and J S Stellios intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)B M Selway QC, Solicitor-General for the State of South Australia with J C Cox intervening on behalf of the Attorney-General for the State of South Australia (instructed by the Crown Solicitor for South Australia)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAustralian Broadcasting Corporation v Lenah Game Meats Pty LtdEquity – 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...