Judo Bank Pty Ltd trading as Judo Bank Pty Ltd v Elali

[2026] NSWSC 48

Supreme Court of NSW

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Interrogate

Catchwords

1. Torts
2. › Economic torts
3. › Injurious falsehood
4. › Elements
5. › Falsity
6. › Whether statements displayed on billboards were statements of fact or opinion
7. › Whether representations were false
1. Torts
2. › Economic torts
3. › Injurious falsehood
4. › Elements
5. › Malice
6. › Whether defendants made representations with malice in the sense of having an improper, dishonest or indirect motive, or intent to injure without just cause
7. › Where defendant had honest belief in truth of statements
8. › Whether dominant purpose was to injure without just cause or to expose perceived misconduct in the public interest
1. Torts
2. › Economic torts
3. › Injurious falsehood
4. › Injunctions
5. › Quia timet injunction to restrain future publication
6. › Whether injunction should be granted where malice not established in relation to past publication
7. › Supreme Court Act 1970 (NSW), s 66(2)

Quick Take

A defendant's honest belief in the truth of published statements, combined with a dominant purpose of exposing perceived misconduct in the public interest rather than injuring the plaintiff, will defeat a finding of malice in injurious falsehood even where the defendant appreciated the likelihood of harm to the plaintiff.