The grant of interlocutory injunctions in defamation cases in Australia following the decision in Australian Broadcasting Corporation v O'Neill

In this article, we analyse the High Court's decision in Australian Broadcasting Corporation v 0'Neill against the backdrop of ealier case law. We query the majority's emphasis in reaching their decision on the overriding influence of freedom of speech and the likelihood that O'Neill could only recover nominal damages and conclude that ultimately the decision reached was based on a disdain of the respondent and his 'bad' reputation rather than in any glaring error at first instance.