Arnott's Biscuits Limited v Sharon Pechey & Peter Hand

Arnott's Biscuits Limited (the applicant) sought an interlocutory injunction against Sharon Pechey and Peter Hand (the respondents) to restrain them from continuing to publish certain allegedly defamatory material concerning the applicant. The application was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the applicant had established a sufficient likelihood of success on the merits of its defamation claim to warrant the grant of an interlocutory injunction. This involved considering whether the published statements were capable of bearing a defamatory meaning and whether the respondents had a defence, such as qualified privilege, that might defeat the claim.

Justice Nancarrow considered the principles governing the grant of interlocutory injunctions in defamation cases, particularly the requirement for a strong prima facie case. His Honour analysed the content of the published material and the context in which it was disseminated. The court found that the applicant had demonstrated a sufficient likelihood of success in establishing that the statements were defamatory and that the defence of qualified privilege was unlikely to succeed.

Consequently, the court granted the interlocutory injunction sought by Arnott's Biscuits Limited, restraining the respondents from further publishing the identified defamatory material pending the final determination of the defamation proceedings.