Metcash Trading Limited v Bunn

Metcash Trading Limited brought an application against Bunn, seeking to restrain him from making certain allegations against the applicants and their related entities. The applicants sought leave to amend their claim to include an injunction restraining Bunn from making the specified allegations, as well as to restrain him from operating or promoting certain websites, publishing written contracts or arrangements, and republishing the allegations contained in an "Open Letter" dated 17 December 2005. The applicants also sought an order that Bunn be restrained from soliciting or obtaining any contract or arrangement or copy contract or arrangement or any account of the terms of any contract or arrangement between the applicants, or one or more of them, and any other person or entity the subject of a term of confidentiality. The applicants further sought an order that Bunn be restrained from publishing or republishing any written contract or arrangement or copy contract or arrangement or record of the terms of a contract between the applicants, or any one or more of them, and any other person.

The court was required to decide whether the applicants were entitled to the relief sought. The court considered the evidence and submissions from both parties and found that the applicants had made out a prima facie case for the relief sought. The court found that Bunn's allegations were defamatory and had caused or were likely to cause serious harm to the applicants' businesses. The court also found that the applicants had established a strong case for the relief sought and that the balance of convenience favoured granting the relief. The court considered the public interest in freedom of speech and the need to protect the applicants' reputations and businesses.

The court granted the relief sought by the applicants, subject to certain conditions. The court granted leave to the applicants to delete and substitute paragraph 6 of the Details of Claim and the Claim for Interlocutory Relief in the Application. The court restrained Bunn from publishing certain allegations and from operating or promoting certain websites. The court also restrained Bunn from publishing written contracts or arrangements, republishing the allegations contained in the "Open Letter", soliciting or obtaining any contract or arrangement or copy contract or arrangement or any account of the terms of any contract or arrangement between the applicants, and publishing or republishing any written contract or arrangement or copy contract or arrangement or record of the terms of a contract between the applicants, or any one or more of them, and any other person. The court reserved the question of costs and granted the parties liberty to apply.