Naoum v Dannawi

The New South Wales Court of Appeal considered an application for leave to appeal concerning a permanent injunction sought to restrain the publication of allegedly defamatory material. The applicant, Naoum, sought this injunction against the respondent, Dannawi, without a hearing of the substantive issues of the defamation claim.

The central legal issue before the Court of Appeal was whether a permanent injunction could be granted to restrain the publication of allegedly defamatory material in circumstances where the substantive issues of the defamation claim had not been heard and determined.

The Court of Appeal held that a permanent injunction is a final remedy and, as such, requires a final determination of the substantive issues in the underlying cause of action. The Court reasoned that to grant a permanent injunction without such a determination would be to grant final relief without the necessary findings of fact and law. Accordingly, the Court dismissed the application for leave to appeal.