The Game Meats Company of Australia v Farm Transparency International Ltd

The Game Meats Company of Australia (GMC) brought an action against Farm Transparency International Ltd (FTI) in the Federal Court of Australia. GMC sought permanent injunctive relief to prevent FTI from publishing video images that were obtained through trespass at GMC's abattoir located in Eurobin, Victoria. The video footage, which depicts scenes from within the abattoir, was published by FTI, an animal rights organisation, as part of its "Shut Down Slaughterhouses" campaign. GMC argued that the trespasses led to the creation of the footage, and its subsequent publication constituted injurious falsehood and misleading or deceptive conduct. The court was tasked with determining the validity of GMC's claims for permanent injunctive relief, damages, and whether the publication amounted to injurious falsehood or misleading conduct.

The court addressed several key legal issues. Firstly, it considered whether the initial publication of the video images amounted to injurious falsehood, requiring GMC to prove that the publication conveyed false representations about its business, was actuated by malice, and caused special damage. Secondly, the court assessed whether the publication constituted misleading or deceptive conduct under the Australian Consumer Law. Additionally, the court examined whether FTI held the copyright in the video imagery on trust for GMC under the Copyright Act 1968 (Cth). The court needed to determine if GMC was entitled to an award of general and exemplary damages, and whether damages were an adequate remedy, thereby affecting the entitlement to permanent injunctive relief.

The court found in favour of GMC on several points. It held that the initial publication did amount to injurious falsehood, as the video conveyed false representations about GMC's business, was actuated by malice, and caused special damage. Consequently, GMC was entitled to an award of general and exemplary damages. However, the court determined that damages were an adequate remedy, which precluded the need for permanent injunctive relief. The court also dismissed GMC's claims under the Australian Consumer Law and the application concerning the trust over the copyright. GMC was awarded $130,000 in damages, comprising $30,000 in general damages and $100,000 in exemplary damages. The interim injunction was set aside, and other orders were stayed pending any appeal.

The final orders of the court included a judgment in part for GMC, with FTI required to pay GMC $130,000 in damages. The interim injunction was set aside, and certain orders were stayed pending any appeal. The parties were directed to confer and attempt to agree on orders as to interest and costs, with further hearings scheduled if necessary to resolve any disagreements.