Australian Broadcasting Corporation v O'Neill

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, HEYDON AND CRENNAN JJAUSTRALIAN BROADCASTINGCORPORATION  APPELLANTANDJAMES RYAN O'NEILL  RESPONDENTAustralian Broadcasting Corporation v O'Neill [2006] HCA 4628 September 2006H1/2006ORDER1.        Appeal allowed.2.Set aside the order of the Full Court of the Supreme Court of Tasmania made on 29 August 2005 and, in its place, order that:(a)      the appeal be allowed; and(b)Order 1 of the orders made by Crawford J on 22 April 2005 be set aside insofar as it applies to the appellant. 3.        The appellant to pay the respondent's costs of the appeal to this Court. On appeal from the Supreme Court of TasmaniaRepresentation:R J Whitington QC with A T S Dawson for the appellant (instructed ABC Legal Services)P W Tree SC with J E Green for the respondent (instructed by Hobart Community Legal Service)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 O'NeillDefamation – Injunctions – Interlocutory injunctions – Interlocutory injunction to restrain publication – Appellant restrained from broadcasting documentary film making allegations including that respondent suspected of having committed notorious unsolved crime – Principles on which interlocutory injunction to restrain publication granted – Relevance of "flexible" or "rigid" approaches to granting interlocutory injunctions – Significance of value of free speech – Significance of avoiding "trial by media" – Whether relevant that only nominal damages likely to be awarded – Significance of status of respondent as convicted life prisoner.Injunctions – Interlocutory injunctions – Defamation – Whether general...