DHR International, Inc a company incorporated in Delaware in the United States of America v Challis

DHR International, Inc, a company incorporated in Delaware in the United States of America, filed an application against Challis seeking an interlocutory injunction. The application aimed to compel Challis to prevent access to internet blog posts and to restrain Challis from publishing injurious falsehoods. The matter was heard in the Supreme Court of Victoria.

The legal issues that the court had to address included whether there was sufficient evidence to establish a serious question to be tried as to the falsity of the statements made in the blog posts and whether the blog posts constituted misleading or deceptive conduct. The court also considered the principle of free speech in relation to the interlocutory injunction to restrain injurious falsehoods. The court held that insufficient evidence was adduced to establish a serious question to be tried as to the falsity of the statements or as to the blog posts being misleading or deceptive.

The court refused the application, stating that it was undesirable to frame injunctions in terms of the elements of the tort. The court held that the principle of free speech was relevant to the interlocutory injunction to restrain injurious falsehoods. The court concluded that there was no evidence to suggest that the blog posts were false or misleading or deceptive, or that they were made in trade or commerce. The application was refused, and no orders were made.