Bass v McDonald and TCN Channel Nine Pty Ltd (No.10)

The plaintiffs, Bass, sought an interlocutory injunction to restrain the defendants, McDonald and TCN Channel Nine Pty Ltd, from broadcasting a television program that was alleged to be defamatory. The matter was heard in the Federal Court of Australia. The core issue before the court was whether the evidence presented by the plaintiffs was sufficient to demonstrate that the program was published in various parts of Australia, which was a prerequisite for establishing jurisdiction. The plaintiffs argued that the program was broadcast in multiple locations, thus fulfilling the jurisdictional requirement, while the defendants contended that there was insufficient evidence to prove such publication.

The court examined the evidence provided by the plaintiffs, which included affidavits and video recordings, to determine if it was adequate to establish the required jurisdictional element. The plaintiffs presented affidavits from individuals who had viewed the program in different locations, along with video recordings of the broadcast. The court considered whether this evidence was sufficient to demonstrate that the program was published in various parts of Australia. Ultimately, the court found that the evidence presented was sufficient to establish the jurisdictional requirement, and thus the plaintiffs were entitled to proceed with their defamation claim.

The court granted the plaintiffs an interlocutory injunction, restraining the defendants from broadcasting the program further. The court held that the evidence provided by the plaintiffs was adequate to establish the necessary jurisdictional element, and therefore the plaintiffs were entitled to pursue their defamation claim. The court emphasised the importance of demonstrating publication in various parts of Australia for jurisdictional purposes, but found that the plaintiffs had met this requirement in the present case. The final orders included an interlocutory injunction preventing the defendants from broadcasting the program and a direction for the matter to proceed to a full hearing to determine the merits of the defamation claim.