Crikey editor Misha Ketchell writes:

As you’re probably
aware by now, lawyers acting for Crikey and our TV commentator Glenn
Dyer appeared in the NSW Supreme Court yesterday as defendants in
Channel Nine’s legal action over our publication on Monday of Mark
Llewellyn’s affidavit.

Crikey decided not to contest the injunction granted on Monday night – after all, we have already
published it – so it was a pretty quick hearing as the court ordered us
to hand over our hard copies of the Llewellyn affidavit and not to refer
to its contents again until the injunction is lifted or until another
hearing in two weeks’ time.

Tom Blackburn SC appeared for
Fairfax and News Limited and asked to become part of the proceedings
because the injunction also stopped his clients from publishing details of
the Llewellyn affidavit. Justice Campbell refused his request on the
grounds that the newspaper publishers had to first provide their own
written affidavits to prove they were affected by the decision.

The whole stoush got a good run this morning in The Australian,
where legal affairs editor Chris Merritt argued that the court was on shaky
ground when it granted an injunction banning publication on Monday. He
also hinted that details of the Llewellyn affidavit might be published
on the website of News Limited London stablemate, The Times,
which would create an interesting challenge for the NSW court if it
wanted to somehow reach halfway across the world to slap the London
newspaper into line.

Here’s what the court ordered:


Peter Fray

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