Quinteros v Nash

Quinteros brought proceedings against Nash alleging defamation and passing off. The matter was before the Federal Court on an application for an interlocutory injunction. The court was required to determine whether the applicant had established a prima facie case sufficient to merit an injunction, and whether, on the balance of probabilities, the applicant would succeed at trial. The court found that while the applicant had established a prima facie case, the balance of probabilities did not favour the applicant. The applicant had not demonstrated that it was more likely than not that the applicant would succeed in the proceedings at trial. The court was not satisfied that the applicant had shown that the loss of reputation and damage to goodwill suffered by the applicant outweighed the freedom of speech enjoyed by the respondent. The application was dismissed, and the applicant ordered to pay the respondents’ costs.