Shari-Lea Hitchcock v TCN Channel Nine Pty Ltd (No 2)

In the Supreme Court of New South Wales, Shari-Lea Hitchcock (the appellant) brought proceedings against TCN Channel Nine Pty Ltd (the respondent) concerning the broadcast of certain material. The core of the dispute involved allegations of a breach of confidence.

The primary legal issue before the Court was whether there was a serious question to be tried regarding the appellant's claim for breach of confidence. This required the Court to consider whether the appellant had established a prima facie case that the respondent had breached a duty of confidence owed to her.

The Court, comprising Spigelman CJ, Mason P, and Heydon JA, determined that a serious question to be tried did exist. The Court applied established equitable principles relating to the duty of confidence, considering the nature of the information and the circumstances under which it was imparted and subsequently broadcast. The Court found that the appellant had demonstrated a sufficient likelihood of success on the merits to warrant further examination of the claim.

Consequently, the Court ordered that the respondent pay the appellant’s costs of the application for leave and of the appeal.