Pharmaceutical Management Agency Ltd v Researched Medicines Industry Association New Zealand Inc - [1996] 1 NZLR 472

Injunction — Interim injunction — Issue of proceedings followed by litigation media release and press conference — Oral and slide presentation — Whether misleading or deceptive conduct — Whether need for real chance that a recipient of the information would be misled or deceived — Whether intention to mislead or deceive necessary — Whether real potential for confusion — Whether serious question to be tried — Balance of convenience — Undertaking not to republish — Exercise of discretion in light of overall justice — Fair Trading Act 1986, ss 9, 41 and 43.

Injunction — Interim injunction — Issue of proceedings followed by litigation media release and press conference — Oral and slide presentation — Article in weekly professional publication supporting issuing of proceedings — Whether article likely to mislead or deceive — Whether intention to mislead or deceive necessary — Whether need for real chance of a recipient of information being misled or deceived — Article relied on media press release information — Implied transfer of error — Article misrepresented proceedings — Statutory exemption for media — Whether exemption applicable to accessory liability — Whether accessory liability requires knowledge on part of accessory of matters constituting contempt — Whether publisher knew material in article false — Whether serious question to be tried — Fair Trading Act 1986, ss 9, 41 and 43.

Contempt of Court — Statements affecting pending civil trials — Pretrial publicity — Proceedings issued followed by litigation media release and press conference — Oral and slide presentation — Whether contempt of Court — Whether exercise of influence or encouragement of inhibition required — Judge-alone trial — Whether publicity a contempt of Court.

Contempt of Court — Statements affecting pending civil trials — Issue of proceedings followed by litigation media release and press conference — Oral and slide presentation — Article in trade magazine — Article reliant on media publicity — Article listing names of potential witnesses in support of proceedings — Whether publicity inhibited parties from exercising legal rights — Whether publicity influenced witnesses — Whether contempt of Court — Balance of convenience — Overall justice and discretion.