Lanzer v Australian Broadcasting Corporation

FEDERAL COURT OF AUSTRALIA

Lanzer v Australian Broadcasting Corporation [2021] FCA 1283

File number:

NSD 1084 of 2021

Judgment of:

NICHOLAS J

Date of judgment:

21 October 2021

Catchwords:

PRACTICE AND PROCEDURE – application for interlocutory injunction – allegation that first respondent has contravened or threatens to contravene s 182(2) or s 183(2) of the Corporations Act 2001 (Cth) by knowingly inducing a contravention of s 182(1) or s 183(1) by the applicants’ former employees – whether first respondent has induced or procured or threatens to induce or procure a breach of contract by such employees – whether applicants have demonstrated prima facie case for relief sought – no prima facie case made out – application for interlocutory relief dismissed

Legislation:

Corporations Act 2001 (Cth) ss 79, 182, 183

Cases cited:

Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (1995) 58 FCR 26

Australian Broadcasting Corp v O’Neill (2006) 227 CLR 57

Chew v The Queen (1992) 173 CLR 626

Metal Manufacturers Limited v Johnston (2020) 3 QR 456

Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238

Short v City Bank of Sydney (1912) 12 SR (NSW) 186

State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd (No 2) [2021] FCA 137

Warner-Lambert Co LLC v Apotex Pty Ltd (2014) 311 ALR 632

Yorke v Lucas (1985) 158 CLR 661

Division:

General Division

Registry:

New South Wales

National Practice Area:

Other Federal Jurisdiction

Number of paragraphs:

57

Date of hearing:

20 October 2021

Counsel for the Applicants:

Mr B McClintock SC with Mr T Senior

Solicitor for the Applicants:

Mark O’Brien Legal

Counsel for the First Respondent:

Dr MJ Collins QC with Mr S Mukerjea

Solicitor for the First Respondent:

ABC Legal

Counsel for the Second and Third Respondents

The second and third respondents did not appear

Table of Corrections
22 October 2021	Para [10] second sentence “12 November 2019” be amended to read “12 November 2018”

ORDERS

NSD 1084 of 2021

BETWEEN:

DANIEL LANZER

First Applicant

DERMATOLOGY AND COSMETIC SURGERY SERVICES PTY LTD

Second Applicant

AND:

AUSTRALIAN BROADCASTING CORPORATION

First Respondent

JUSTIN NIXON

Second Respondent

LAUREN HEWISH

Third Respondent

ORDER MADE BY:	NICHOLAS J
DATE OF ORDER:	21 OCTOBER 2021

THE COURT ORDERS THAT:

1.The applicants’ application for interlocutory relief be dismissed.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

NICHOLAS J:

1. Before me is an application for an interlocutory injunction brought by the first applicant (Dr Lanzer) and the second applicant (DCSS) which is a company controlled by Dr Lanzer and his wife.  The Australian Broadcasting Corporation (“the ABC”), the first respondent, is proposing to broadcast an episode of its Four Corners television program about Dr Lanzer and DCSS which Dr Lanzer fears will cast him in an unfavourable light. 

2. Dr Lanzer is a dermatologist who undertakes cosmetic and dermatological surgery and procedures.  He describes himself as a cosmetic surgeon.  DCSS is a business through which he…