Naoum v Dannawi

[2009] NSWCA 253

Reported Decision: 75 NSWLR 216[2010] ALMD 6440[2010] ALMD 6364

New South Wales

Court of Appeal

CITATION:	Naoum v Dannawi [2009] NSWCA 253
HEARING DATE(S):	14 August 2009
JUDGMENT DATE:	21 August 2009
JUDGMENT OF:	Beazley JA at 1; McColl JA at 2; Macfarlan JA at 39
DECISION:	Application for leave to appeal dismissed with costs
CATCHWORDS:	EQUITY – equitable remedies – injunctions – permanent injunction sought to restrain publication of allegedly defamatory matter – no hearing of substantive issues sought – necessity for final hearing before grant of permanent injunction
LEGISLATION CITED:	Defamation Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
CATEGORY:	Principal judgment
CASES CITED:	Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; (2001) 208 CLR 199 Australian Broadcasting Corporation v O’Neill [2006] HCA 46; (2006) 227 CLR 57 Bonnard v Perryman [1891] 2 Ch 269 Chappell v TCN Channel Nine Pty Ltd (1988) 14 NSWLR 153 Church of Scientology v Reader’s Digest Services Pty Ltd [1980] 1 NSWLR 344 Commodore Business Machines Pty Ltd v Trade Practices Commission (1990) 92 ALR 563 House v R [1936] HCA 40; (1936) 55 CLR 499 John Fairfax Publications Pty Ltd v Rivkin [2003] HCA 50; (2003) 77 ALJR 1657 Lewis v Daily Telegraph [1964] AC 234 Stocker v McElhinney (No 2) [1961] NSWR 1043 Y & Z v W [2007] NSWCA 329; (2007) 70 NSWLR 377
TEXTS CITED:	R Meagher, J Heydon, M Leeming, Meagher, Gummow and Lehane’s Equity Doctrines and Remedies, 4th ed, (2002), Butterworths Lexis Nexis P W Young, Declaratory Orders, 2nd ed (1984) Butterworths
PARTIES:	Robert Naoum – Applicant Nabil Zafer Dannawi - Respondent
FILE NUMBER(S):	CA 40284/09
COUNSEL:	C A Evatt with S Milanovic - Applicant S Chrysanthou with P A Maddigan – Respondent
SOLICITORS:	Cadmus Lawyers – Applicant Mitry Lawyers - Respondent
LOWER COURT JURISDICTION:	Supreme Court
LOWER COURT FILE NUMBER(S):	SC 20373/09
LOWER COURT JUDICIAL OFFICER:	Harrison J
LOWER COURT DATE OF DECISION:	12 August 2009

CA 40284/09
SC 20373/09

BEAZLEY JA
McCOLL JA
MACFARLAN JA

Friday 21 August 2009

Robert Naoum v Nabil Zafer Dannawi

Judgment

1 BEAZLEY JA: I agree with McColl JA.

2 McCOLL JA: Robert Naoum, the Consul General for Lebanon in Sydney, the applicant, moved in the Supreme Court for orders, among others, restraining Nabil Zafer Dannawi, the respondent, from further publishing allegedly defamatory material on his website and restraining him from causing that material to be posted or published on any other website or on the internet.

3 Pursuant to Practice Note SC CL 4(25) the application for an injunction, being an application against publication of defamatory matter, was made in the Common Law Division rather than the Equity Division. The proceedings came before Patten AJ on 5 August 2009 on which occasion both parties were represented, the applicant by Mr C Evatt and the respondent by Mr P H Maddigan. Although the application was opposed, his Honour made the following orders:

“1. The defendant be restrained from…