Menulog Pty Ltd v TCN Channel Nine Pty Ltd (No 3)

In the case, Menulog Pty Ltd sought damages from TCN Channel Nine Pty Ltd for an alleged injurious falsehood broadcast on Channel Nine's morning show. The dispute arose from a segment during which Channel Nine implied that Menulog's services were unsafe due to potential food contamination. The matter was heard in the Federal Court of Australia. The primary issue before the court was whether Menulog needed to prove actual damage to be awarded injunctive relief or damages, particularly when only injunctive relief had been sought. Additionally, the court needed to determine whether the particulars provided by Menulog were adequate to support their claim.

The court held that the requirement of proving actual damage is not applicable when only injunctive relief is sought. It found that the particulars provided by Menulog were sufficient to establish the prima facie case of injurious falsehood. The court also emphasised the importance of the adequacy of particulars in supporting the claim, stating that they should be sufficient to inform the defendant of the nature of the claim and the grounds upon which it is based. The court concluded that Menulog had adequately particularised their claim and granted an interlocutory injunction against Channel Nine, pending further proceedings.

The court's decision underscored the nuanced approach required when dealing with injurious falsehood claims, particularly when injunctive relief is sought. It reinforced that while particulars need not detail every fact necessary to establish the claim at trial, they must be sufficient to inform the defendant of the nature of the claim. This decision provided clarity for future cases involving injurious falsehood claims and the requirements for proving such claims. The final orders included an interlocutory injunction against Channel Nine, pending further proceedings to determine the full extent of damages and any other relief Menulog may seek.