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REIQ Journal : November 2008
LEGAL ISSUES 19 The District Court, in considering the claim, referred to a decision of the High Court of Australia in the matter of Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd  208 CLR 199 (“Lenah Game”). The Lenah Game case concerned an application for an injunction to restrain the broadcast of a secretly recorded film of the operations of a possum processing factory. An injunction had been granted to prevent the broadcast of the film on the basis that it constituted an invasion of privacy. The High Court held that the injunction should not have been granted because it was not possible to identify any underlying legal or equitable right to privacy; in that case, namely a right to privacy which might be enjoyed by a corporation. The High Court held that this did not mean that there was not a tort or a cause of action of unjustified invasion of privacy, although the facts did not support the existence of such a cause of action in the case. In reaching that conclusion, the High Court had reference to, and quoted with approval, a paper by the American academic Professor William Prosser, in which he noted that there are four distinct kinds of invasion of privacy; namely: 1. An intrusion upon a person’s seclusion or solitude or his private affairs; 2. Public disclosure of embarrassing private facts; 3. Publicity which places a person in a false light in the public eye; and 4. Appropriation, advantage, of another’s name or likeness. Do you want more? REST Professional Looking for a property management solution to manage your business? A solution that allows your business to grow and deliver the best service to your clients? Look no further. REST Professional - the heart of your business. REIQ Journal November 2008
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