Cleary v Kocatekin and Seven Network (Operations) Ltd

Case

[2012] NSWSC 692

22 June 2012


Details
AGLC Case Decision Date
Cleary v Kocatekin and Seven Network (Operations) Ltd [2012] NSWSC 692 [2012] NSWSC 692 22 June 2012

CaseChat Overview and Summary

The case of Cleary v Kocatekin and Seven Network (Operations) Ltd was heard in the Supreme Court of Queensland. The plaintiff, Cleary, sought relief from the defendants, Kocatekin and Seven Network (Operations) Ltd, in relation to a breach of contract and the publication of a television program that involved the first defendant allegedly breaching a contract with the plaintiff. Cleary sought an injunction to prevent the publication of the program, as well as damages for the breach of contract and inducing breach of contract.

The court was required to determine whether an injunction should continue to prevent the publication of the program, as well as whether the defendants were aware of the contract between Cleary and the first defendant, whether they had constructive knowledge of the contract, and whether they had the intention to induce a breach of contract. The court also needed to consider whether the injunction was necessary to prevent irreparable harm to Cleary.

The court found that the injunction should continue, as the publication of the program would cause irreparable harm to Cleary. The court also found that the defendants were aware of the contract between Cleary and the first defendant, and had constructive knowledge of the contract. The court held that the defendants had the intention to induce a breach of contract, and that the injunction was necessary to prevent irreparable harm to Cleary. The court granted the injunction and awarded Cleary damages for the breach of contract and inducing breach of contract.

The court ordered that the injunction continue, and that the defendants pay Cleary damages for the breach of contract and inducing breach of contract. The court also ordered that the defendants pay Cleary's costs of the proceeding. The court held that the injunction was necessary to prevent irreparable harm to Cleary, and that the defendants were aware of the contract and had the intention to induce a breach of contract.
Details

Areas of Law

  • Contract Law

  • Media & Entertainment Law

Legal Concepts

  • Injunction

  • Breach of Contract

  • Unconscionable Conduct

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

44

Cases Cited

8

Statutory Material Cited

0