Facts
- Members of Animal Liberation (Vic) Inc (Animal Liberation) picketed outside a circus, yelling at attendees.
- Gasser sued, and had an injunction against them.
- Animal Liberation appealed.
Held
- Picketing is acceptable, but not when it is more violent than that.
- On appeal, the injunctions were overturned although the finding of nuisance was upheld.
Quote
“We think it clear that a besetting is only one of the ingredients that may make a picketing into nuisance, and that a besetting may include, for example, lining up so as to compel would be patrons to “walk the gauntlet” of shouting picketers, so as to cause such patrons to hesitate through fear to proceed or, if they do proceed, to do so only with fear for their safety or fear of harmful effects upon the accompanying children. A besetting includes a surrounding with hostile demeanour so as to put in fear of safety.”
(Crockett, Fullagar and Nathan JJ)
-- Download Animal Liberation (Vic) Inc v Gasser [1991] 1 VR 51 (FC) as PDF --
Save this case