Australian Broadcasting Corp. v. Lenah Game Meat Pty. Ltd.

Lenah Game Meat Pty. Ltd. (Lenah) (plaintiff) processed and supplied game meat. Lenah’s processing followed applicable laws, but learning how the processing was carried out would disturb consumers. Someone trespassed on one of Lenah’s facilities and installed hidden cameras without Lenah’s knowledge or consent. The cameras filmed the killing and processing of Tasmanian brushtail possums. Animal Liberation Ltd. received the video recording and, intending for the video to be aired, provided it to Australian Broadcasting Corp. (ABC) (defendant), which knew that the video was unlawfully recorded. Lenah sued ABC in the Tasmania Supreme Court, which was a trial court overseen by a single judge. Lenah sought an injunction preventing ABC from broadcasting the video, alleged that its business would be harmed if the public saw the video, and argued that the video should be treated as containing confidential information because it was taken by a trespasser. While the matter was pending in the trial court, Lenah filed an interlocutory application for a temporary injunction, which the trial court denied. Lenah appealed to the Full Court of the Tasmania Supreme Court, which was composed of a panel of judges, and which granted the interlocutory temporary injunction. ABC appealed to the Australia High Court. On appeal, Lenah argued that the Australian court should adopt the right to privacy as recognized in the United States and that the right to privacy should be afforded to corporations.