- 12 A
A
the relevant websites.
B
C
D
E
F
The kind of irreversible consequence of an
interlocutory injunction that would have caused the court concern about
finality is not apparent, if ever existing, in the circumstances.
B
C
D
DELAY
38.
Application for interlocutory injunction should be made
promptly.
It was argued that there was substantial delay since the
E
F
publication of the Video and the Article on the internet before the present
G
G
application.
H
H
39.
I
J
Mr Hughes referred to Chinaplus Wines Limited v Berry Bros
& Rudd Limited, HCA 1818/2012 (13 December 2012) for the purpose of
demonstrating that ‘promptly’ would mean not more than 6 weeks of
I
J
unexplained delay or alternatively 3 months of explained delay. I found
K
that to be unhelpful, as each case must be considered on its own facts.
L
L
40.
M
N
K
In the present case, indeed 2 years had elapsed since the
publication of the Video and the Article on the internet before the Chor
couple complained about them. It was suggested that the Chor couple
M
N
ought to have learned about the content of the Article, the link to which
O
P
was forwarded by Solabarrieta to them at one time. As to the Video on
YouTube, there was no suggestion that the link to that had been forwarded
O
P
to the couple.
Q
R
Q
41.
The Chor couple explained that they never opened the link to
R
the Article. As to the Video, even Solabarrieta suggested that the average
S
T
hits on the Video on YouTube by mid-August 2010 had been very modest.
The Chor couple claimed that they came to discover the publication of the
S
T
U
U
V
V
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