John Fairfax Publications Pty Limited v Rivkin

John Fairfax Publications Pty Limited (Fairfax) appealed to the High Court of Australia against a judgment of the Full Federal Court which had dismissed its appeal from a decision of a single judge of the Federal Court. The dispute concerned the publication of certain information by Fairfax, which the respondent, Mr. Rivkin, alleged constituted a breach of confidence and an invasion of privacy. Mr. Rivkin sought damages and an injunction.

The High Court was required to determine whether the publication of information, which had been obtained by a journalist from a confidential source, constituted a breach of confidence. Specifically, the court considered whether the journalist and Fairfax had a duty of confidence in relation to the information, and if so, whether that duty had been breached by its publication. The court also considered the nature of privacy rights in Australian law and whether they could be protected through the action for breach of confidence.

The High Court held that the action for breach of confidence was not a suitable vehicle for protecting privacy rights in Australia. Their Honours found that the information published by Fairfax was not imparted in circumstances imposing an equitable obligation of confidence. The court distinguished the present case from those where an obligation of confidence arises from the nature of the information itself or the relationship between the parties. The appeal was dismissed.