Australian Broadcasting Corporation v O'Neill

Defamation – Injunctions – Interlocutory injunctions – Interlocutory injunction to restrain publication – Appellant restrained from broadcasting documentary film making allegations including that respondent suspected of having committed notorious unsolved crime – Principles on which interlocutory injunction to restrain publication granted – Relevance of "flexible" or "rigid" approaches to granting interlocutory injunctions – Significance of value of free speech – Significance of avoiding "trial by media" – Whether relevant that only nominal damages likely to be awarded – Significance of status of respondent as convicted life prisoner.

Injunctions – Interlocutory injunctions – Defamation – Whether general principles governing grant of interlocutory injunctions to restrain wrongs apply to interlocutory applications to restrain publication of allegedly defamatory matter – Relationship between Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 and American Cyanamid Co v Ethicon Ltd [1975] AC 396 – Whether respondent had made out an entitlement to an interlocutory injunction within the principles established by Beecham – Whether Full Court and primary judge shown to have erred in granting of interlocutory injunction.

Defamation – Injunctions – Jurisdiction to grant interlocutory injunction to restrain publication of allegedly defamatory matter – Nature of equitable jurisdiction to grant injunctions to restrain publication – Effect of Common Law Procedure Act 1854 (UK) – Effect of Judicature Act 1873 (UK).

Appeal – Interlocutory injunction in defamation proceedings – Necessity of demonstrating error in order to justify intervention by High Court – Whether error shown in approach and conclusion of Full Court and primary judge.

Defamation – Defences – Justification – Whether avoiding "trial by media" relevant to determination of "public benefit" required by Defamation Act 1957 (Tas) s 15.

Words and phrases – "public benefit", "public interest".

Common Law Procedure Act 1854 (UK) – ss 79, 82.

Judicature Act 1873 (UK) – s 25(8).

Supreme Court Civil Procedure Act 1932 (Tas) – s 11(12).

Defamation Act 1957 (Tas) – s 15.