Bruder Expeditions Pty Ltd v Leigh

Bruder Expeditions Pty Ltd brought an application against Leigh for contempt of an injunction issued by Sheridan DCJ, which restrained Leigh from publishing injurious falsehoods about the applicant on a Facebook page. Leigh was found to have published further comments about the applicant, despite the injunction. Bruder Expeditions sought an order that Leigh be punished for contempt. The legal issues the court needed to decide were whether the application and charge were deficient, whether the rule against duplicity applied, whether the particulars were deficient, whether the terms of the order were not clear and unambiguous, whether Leigh knew of the terms of the injunction, whether the publication amounted to "substantially similar," and whether contempt was proved beyond reasonable doubt. The court found that the application and charge were not deficient, the rule against duplicity did not apply, the particulars were not deficient, the terms of the order were clear and unambiguous, Leigh knew of the terms of the injunction, the publication amounted to "substantially similar," and contempt was proved beyond reasonable doubt. The court found Leigh in contempt of the order and ordered her to perform unpaid community service and pay the applicant's costs of the application.