The Game Meats Company of Australia v Farm Transparency International Ltd 2024 FCA 1455

The Game Meats Company of Australia v Farm Transparency International Ltd 2024 FCA 1455

FEDERAL COURT OF AUSTRALIA
The Game Meats Company of Australia v Farm Transparency International Ltd [2024] FCA 1455
File number:
VID 417 of 2024
Judgment of:
SNADEN J
Date of judgment:
19 December 2024

Catchwords:
TORT – trespass – injurious falsehood – applicant seeks permanent injunctive relief to restrain respondent from publishing video images obtained as a result of trespasses – where applicant operates a commercial abattoir – where respondent is an animal rights organisation – where relevant video images portray scenes from within abattoir – where respondent made initial publication of relevant video images – where interim injunction granted to prevent publication – where trespasses are admitted – whether initial publication amounted to injurious falsehood – whether initial publication conveyed false representations as to applicant’s business – whether initial publication actuated by malice – whether applicant suffered special damage by alleged injurious falsehood – whether applicant entitled to permanent injunctive relief – whether damages an adequate remedy – whether applicant entitled to award of general damages – whether applicant entitled to award of exemplary damages – application allowed in part.

CONSUMER LAW – whether initial publication was misleading or deceptive, or likely to mislead or deceive – whether relief under Australian Consumer Law available to applicant – application refused.

EQUITY – whether respondent’s ownership under Copyright Act 1968 (Cth) of copyright in imagery obtained during trespass is held on trust for applicant – whether existence of trust should be recognised – whether assignment of legal interests should be required – application refused.

TIMESTAMPS:
00:00:00 – Federal Court of Australia 2024
00:00:02 – Reasons for Judgement – PART 1: OVERVIEW
00:04:37 – PART 2: THE PROCEEDING – 2.1 The pleadings
00:08:44 – 2.2 The trial
00:12:48 – 2.3 Suppression
00:13:31 – PART 3: FACTUAL BACKGROUND – 3.1 The parties
00:16:33 – 3.2 The Eurobin Premises
00:20:04 – 3.3 The trespasses
00:24:09 – 3.4 The footage
00:26:06 – 3.5 The complaint to the Department
00:28:55 – 3.6 Media response
00:33:23 – MEDIA RELEASE: 17 MAY 2024
00:36:46 – Contact for interviews:
00:43:08 – 3.7 GMC’s response to the DAFF Complaint
00:53:01 – 3.8 The aftermath
00:54:22 – PART 4: GMC’S CAUSES OF ACTION
00:55:30 – PART 5: TRESPASS
00:58:35 – PART 6: INJURIOUS FALSEHOOD
01:00:58 – 6.1 Falsity
01:14:32 – 6.2 Malice
01:27:54 – 6.3 Damage
01:31:20 – 6.4 What about injunctive relief? – 6.5 Conclusions
01:34:35 – PART 7: THE AUSTRALIAN CONSUMER LAW
01:38:04 – PART 8: BENEFICIAL OWNERSHIP OF COPYRIGHT
01:41:57 – 8.1 Statutory provisions
01:44:35 – 8.2 Case law
01:54:29 – 8.3 What is the equity?
02:04:03 – 8.4 Discretionary considerations – 8.5 Conclusions
02:07:56 – PART 9: RELIEF IN TORT
02:08:38 – 9.1 Injunctive relief
02:27:03 – 9.2 The constitutional defence
02:31:19 – 9.3 General damages
02:38:24 – 9.4 Exemplary damages – 9.4.1 Criteria to be considered
02:43:51 – 9.4.2 Appropriateness of exemplary damages
02:46:25 – 9 Wilful destruction, damage etc. of property
02:51:21 – 9.4.3 What is an appropriate award?
02:58:50 – PART 10: DISPOSITION

#animalcrueltyfree #animalrights #abattoir #meat #trespass #australianlaw

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