Meriton Apartments Pty Ltd v SBS Corporation

The parties to the case were Meriton Apartments Pty Ltd, an apartment developer, and SBS Corporation, a media company. Meriton sought an interlocutory injunction to prevent SBS from broadcasting a television program that contained information potentially harmful to Meriton's business interests. The dispute was heard in the Federal Court of Australia. The central legal issue before the court was whether Meriton had demonstrated sufficient grounds to warrant the grant of an interlocutory injunction, and if so, what conditions should be attached to the injunction to balance the competing interests of both parties.

The court considered the traditional criteria for granting an interlocutory injunction, including the likelihood of success on the merits, the balance of convenience, and the irreparable harm that might result from the broadcasting of the program. The court found that Meriton had demonstrated a serious question to be tried, and that there was a real possibility that the broadcast could cause irreparable harm to Meriton's business interests. Furthermore, the court determined that the balance of convenience favoured granting the injunction at that stage. The court was also mindful of the public interest in the freedom of the press, but concluded that this could be sufficiently protected by the conditions that the court imposed on the injunction.

Accordingly, the court granted an interlocutory injunction to Meriton, restraining SBS from broadcasting the program in question until the final determination of the proceeding. The court imposed conditions to mitigate the impact of the injunction on SBS, including provisions for the expedited hearing of any application for the lifting of the injunction and the right for SBS to make representations regarding the urgency of the broadcast. The court's decision highlights the careful balancing act required when granting interlocutory relief, particularly in matters involving media and commercial interests.