COCK & ANOR -v- HUGHES & ORS [2002] WASC 263
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASC 263 | |
| Case No: | CIV:1540/2000 | 30 OCTOBER 2002 | |
| Coram: | MCLURE J | 11/11/02 | |
| 24 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| B | |||
| PDF Version |
| Parties: | ROBERT ENOS COCK LLOYD PATRICK RAYNEY ROBERT HUGHES AUSTRALIAN BROADCASTING CORPORATION SWAN RADIO AND TELEVISION BROADCASTERS PTY LTD (ACN 008 689 745) |
Catchwords: | Defamation Application to strike out defence Adequacy of fair comment plea Whether knowledge of facts justifying comment must be pleaded Whether comment a permissible variation of plaintiffs' imputations Whether comment capable of arising Whether a reply to an attack in Crown case in criminal proceedings protected by qualified privilege Whether an arguable Lange defence Turns on own facts |
Legislation: | Nil |
Case References: | Anderson v Nationwide News Pty Ltd (No 2) [2002] VSC 18; (2002) 3 VR 639 Anderson v Nationwide News Pty Ltd [2001] VSC 335; (2001) 3 VR 619 Cock & Anor v Hughes & Ors [2002] WASC 108 David Syme & Co Ltd v Hore-Lacy [2000] VSCA 24; (2000) 1 VR 667 Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 Marks v Construction, Mining, Energy, Timberyards, Sawmills & Woodworkers Union (1995) 14 WAR 360 Moir v Flint & Anor [2002] WASC 48 Penton v Calwell (1945) 70 CLR 219 Pervan v North Queensland Newspaper Co Ltd (1993) 178 CLR 309 Polly Peck (Holdings) Plc v Trelford [1986] QB 1000 Popovic v Herald and Weekly Times Ltd [2002] VSC 174 Smith v Littlemore (1996) 15 WAR 289 Taylor v Jecks (1993) 10 WAR 309 Telnikoff v Matusevitch [1992] 2 AC 343 Turner v Hughes [2000] WASCA 276 Vitale & Ors v Bednall & Anor [2001] WASC 278 Watts v Times Newspapers Ltd [1997] QB 650 Adam v Ward [1917] AC 309 Bristile Ltd v The Buddhist Society of Western Australia Inc & Anor [1999] WASC 259 Hospitals Contribution Fund of Australia v Hunt (1982) 44 ALR 365 Kemsley v Foot [1952] AC 345 Loveday v Sun Newspapers Ltd (1938) 59 CLR 503 McIlkenny v Chief Constable of West Midlands Police Force [1980] QB 283 Nationwide News Pty Ltd v International Financing & Investment Pty Ltd [1999] WASCA 95 The Buddhist Society of Western Australia Inc v Bristile Ltd & Anor [2000] WASCA 210 Turner v Metro-Goldwyn-Mayer Pictures Ltd [1950] 1 All ER 449 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- First Plaintiff
LLOYD PATRICK RAYNEY
Second Plaintiff
AND
ROBERT HUGHES
First Defendant
AUSTRALIAN BROADCASTING CORPORATION
Second Defendant
SWAN RADIO AND TELEVISION BROADCASTERS PTY LTD (ACN 008 689 745)
Third Defendant
Catchwords:
Defamation - Application to strike out defence - Adequacy…
Continue reading Cock v Hughes
Sign in free to access the full text
Details
- AGLC
- Cock v Hughes [2002] WASC 263
- Case
- [2002] WASC 263
- Decision Date
CaseChat Overview and Summary
Cock and Rayney commenced defamation proceedings against Hughes, the ABC, and Swan Radio. The plaintiffs' case is that Hughes, in a radio interview, made defamatory comments about the plaintiffs, which were broadcast by the ABC and Swan Radio. The first defendant, Hughes, has pleaded fair comment, qualified privilege, and the Lange defence. The plaintiffs have applied to strike out specified paragraphs of Hughes' defence. The court found that the fair comment plea was arguable and the particulars provided were sufficient. The qualified privilege plea was also found to be arguable, as the response was made to an attack made in the course of the trial. The Lange defence was found to be arguable as well, as it was not necessary for Hughes to seek and publish a response from the plaintiffs. The application to strike out the defence was dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.