Civil Aviation Authority v Australian Broadcasting Commission

The Civil Aviation Authority (CAA) sought to restrain the Australian Broadcasting Commission (ABC) from broadcasting a television program concerning the CAA's safety procedures. The CAA contended that the proposed broadcast would breach confidentiality and potentially endanger public safety by revealing sensitive information. The matter came before the Supreme Court of New South Wales, Court of Appeal.

The central legal issues before the Court of Appeal were whether the CAA had established a sufficient legal basis to justify an interlocutory injunction to restrain the broadcast, specifically concerning the tort of breach of confidence and the public interest defence. The court was required to balance the CAA's asserted right to confidentiality and public safety concerns against the ABC's right to freedom of expression and the public's right to information.

The Court of Appeal ultimately dismissed the CAA's application for an interlocutory injunction. The court reasoned that the CAA had failed to demonstrate a strong prima facie case that the broadcast would cause irreparable harm or that the information to be broadcast was protected by an obligation of confidence. Furthermore, the court found that even if some information was confidential, the public interest in disclosure, particularly concerning safety matters, likely outweighed any claim for confidentiality. The principles applied centred on the requirements for granting interlocutory injunctions, the elements of breach of confidence, and the balancing of competing public interests.