Judge lifts Tinkler super-injunction against Fairfax Media
Mr Tinkler had obtained orders preventing Fairfax Media from revealing details of a loan of about $700 million or the existence of the lawsuit since late last year.
Following a settlement between Fairfax Media, publisher of the Herald, and Mr Tinkler, Justice David Beach on Wednesday lifted the super-injunction.
Fairfax lawyer Peter Bartlett described the injunction as "a dark episode for freedom of speech".
"Late last year Paddy Manning, a business reporter with the SMH, acting quite properly, sent an email to Nathan Tinkler pre-publication asking certain questions," Mr Bartlett said. "With less than an hour's notice to Fairfax Media in Sydney, Mr Tinkler sought an injunction against Fairfax Media in the Supreme Court of Victoria."
While key details of the article remain suppressed under an agreement, it can be revealed that the story related to a loan issued in the first half of last year. The loan, plus interest, was now valued at about $700 million with an interest rate of more than 10 per cent. However, the substance of Manning's original story will never be published.
In his judgment of last December, made public this week, Justice John Digby found "potential detriment to [Aston Resources] and [Boardwalk Resources] and separately also the damage to reputation to [Mr Tinkler] and the Tinkler Group as a result of the statements ... being published ... outweigh the public interest in freedom of expression".
Frequently Asked Questions about this Article…
The Victorian Supreme Court lifted Nathan Tinkler's super-injunction after a settlement between Mr Tinkler and Fairfax Media. Justice David Beach formally lifted the order on Wednesday following that agreement.
The injunction prevented Fairfax Media from revealing details of a loan of about $700 million or even the existence of the related lawsuit since late last year.
In a December judgment, Justice John Digby found that potential detriment to Aston Resources and Boardwalk Resources, and reputational damage to Mr Tinkler and the Tinkler Group, outweighed the public interest in freedom of expression — leading to the injunction.
The article says the loan was issued in the first half of last year. Including interest, it was valued at about $700 million and carried an interest rate of more than 10%.
No. Although the super-injunction has been lifted, key details remain suppressed under the settlement agreement and the substance of Paddy Manning's original story will never be published.
Fairfax Media settled with Nathan Tinkler, which led to the lifting of the injunction. Fairfax lawyer Peter Bartlett described the injunction as "a dark episode for freedom of speech." The publisher involved is the Herald.
The court found there could be potential detriment to Aston Resources and Boardwalk Resources, which highlights legal and reputational risks tied to the dispute. Everyday investors should monitor official company disclosures and updates for any material impacts.
The case underscores how legal actions, suppressed reporting and reputational issues can affect companies and markets. Investors should watch for confirmed company statements, follow reliable reporting, and be aware that some court settlements can keep important details confidential.
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