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Tucker v News Media Ownership Ltd - [1986] 2 NZLR 716

$30.00

High Court Wellington
3, 4, 6, 7 November 1986
McGechan J
Injunction — Discharge of interim injunction — Plaintiff had a serious heart complaint and to pay for a heart transplant operation he started a public fund raising campaign — Defendants threatened to publish that plaintiff had been convicted of criminal offences and plaintiff obtained an interim injunction preventing publication — Stress could be lethal for the plaintiff — Whether plaintiff had misrepresented facts when making original application — Whether there was a serious question to be tried that, if threatened publication was made, defendants would be liable for intentionally inflicting emotional stress or physical damage — Whether, following publication of details of the convictions by organisations other than the defendants, the balance of convenience had shifted in favour of freedom of speech and the defendants' right to publish — Whether interim injunction prohibiting publication should be discharged.

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