Richards (a pseudonym) v Jones (a pseudonym)

Case

[2025] NSWSC 5

9 January 2025


Details
AGLC Case Decision Date
Richards (a pseudonym) v Jones (a pseudonym) [2025] NSWSC 5 [2025] NSWSC 5 9 January 2025

CaseChat Overview and Summary

In the case of Richards (a pseudonym) v Jones (a pseudonym), the plaintiff sought interim injunctive relief and an order for suppression in relation to a claim for injurious falsehood. The court was required to decide whether to grant the interim injunctive relief and whether to make an order for suppression. Additionally, the plaintiff sought to proceed with the action without providing the defendant with the required notice of concerns. The plaintiff argued that such notice would result in publication and thereby defeat the purpose of the urgent interim relief sought.

The court considered the balance of convenience and found it to be in favour of granting the relief sought by the plaintiff. The court held that the plaintiff had demonstrated a serious question to be tried and that the balance of convenience weighed in favour of granting the interim relief. Furthermore, the court found that the plaintiff had made out a compelling case for an order for suppression to prevent publication of the defamatory material. The court was satisfied that the plaintiff had demonstrated a real risk of harm if the interim relief was not granted. The court also granted the plaintiff's application to dispense with the requirement to provide notice of concerns, finding that it was in the interest of justice to do so.

The court made interim orders in favour of the plaintiff, including an order for suppression and an order that the defendant refrain from publishing the defamatory material. The court also granted the plaintiff leave to proceed with the action without providing notice of concerns to the defendant. The court ordered the defendant to provide an undertaking not to publish the defamatory material and to take steps to remove any published material from the internet. The orders were made on the terms sought by the plaintiff.
Details

Areas of Law

  • Tort Law

  • Civil Litigation & Procedure

Legal Concepts

  • Injurious Falsehood

  • Injunction

  • Appeal

  • Interlocutory Orders

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

4

Cases Cited

0

Statutory Material Cited

3