Siemer v Ferrier Hodgson CA87/05

This appeal was brought by Vincent Siemer and Paragon Services Limited against Michael Stiassny and Ferrier Hodgson, and Oggi Advertising Limited. The appeal was brought against an interlocutory injunction which restrained Mr Siemer and Paragon from publishing certain information on the internet or otherwise, and which also restrained Oggi from reinstating a billboard it had erected. Mr Stiassny had obtained the interlocutory injunction against Mr Siemer and Oggi, which was subsequently extended to include Paragon, on the basis of defamation and breach of contract. Mr Siemer and Paragon challenged the interlocutory injunction. They contended that there was no seriously arguable case for an interlocutory injunction on either cause of action, that the balance of convenience did not favour the grant of an interlocutory injunction, and that the interlocutory injunction was not properly made on the basis of defamation. The Court of Appeal dismissed the appeal, and held that the interlocutory injunction should be maintained. The Court held that the Stiassny interests could pursue the interlocutory injunction on the basis of the contract cause of action, and that there was a seriously arguable case for an interlocutory injunction on that basis. The balance of convenience clearly favoured the grant of an interlocutory injunction. The interlocutory injunction was properly made on the basis of defamation, as the website and billboard contained grossly defamatory material.

The Court dismissed the appeal, and awarded the Stiassny interests their costs of the appeal on the normal one-day basis.