The Federal Court has dismissed a bid by Australia’s largest medicinal cannabis company to force The Age to take down a story revealing allegations the company was operating a legally contentious cannabis referral system.
Justice John Snaden dismissed Montu’s application on Tuesday morning and ordered the company to pay The Age’s legal costs.
The core issue in the case was a restricted court document mistakenly released by the court to The Age.
Snaden found that the release of the document, while harmful to Montu, did not meet the test of being harmful to the proper administration of justice, and therefore the court would not move to restrict its publication.
“That mistake cannot be unmade. And the prejudice arising from it, to the court and by extension to the proper administration of justice, is irremediable,” the judge said.
“The court can no more require by order that prejudice end than it can require by order the tide not come in.”
The Age editor Patrick Elligett said he was “pleased the court has seen through this farcical attempt from a powerful company to cover up the truth and attempt to expose confidential sources, without any legal basis”.
“While the result is promising, I’m disappointed we continually have to fight powerful organisations for the right to serve the public,” Elligett said.
