COCK & ANOR -v- HUGHES & ORS [2001] WASC 151
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASC 151 | |
| Case No: | CIV:1540/2000 | 7 & 30 MAY 2001 | |
| Coram: | HASLUCK J | 15/06/01 | |
| 18 | Judgment Part: | 1 of 1 | |
| Result: | Application for leave to amend claim dismissed with leave to replead | ||
| 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 Republication of words complained of Alleged republication by listeners/viewers Relevance of republication to claim for aggravated damages |
Legislation: | Nil |
Case References: | Cock & Anor v Hughes & Ors [2001] WASC 24 Sims v Wran [1984] 1 NSWLR 317 Slipper v BBC [1991] 1 QB 283 Speight v Gosnay (1891) 60 LJQB 231 Triggell v Pheeney (1951) 82 CLR 497 Webb v Bloch (1928) 41 CLR 331 Weld-Blundell v Stephens [1920] AC 956 Cutler v McPhail [1962] 2 QB 292 Drummoyne Municipal Council v ABC (1990) 21 NSWLR 135 Fullam v Newcastle Chronicle & Journal Ltd [1977] 3 All ER 32 Giraffe World Australia Pty Ltd v ACCC (1999) ATPR 41-669 McCarey v Associated Newspapers Ltd (No 2) [1965] 2 QB 86 Oracle International Pty Ltd v West Australian Newspapers Ltd, unreported; SCt of WA; Library No 970696; 11 December 1997 Sutcliffe v Pressdram Ltd [1991] 1 QB 153 Toomey v Mirror Newspapers Ltd (1985) 1 NSWLR 173 Uren v John Fairfax & Sons Ltd (1966) 117 CLR 118 Vitale & Ors v Bednall & Anor [2000] WASC 207 |
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 - Republication of words complained of - Alleged republication by listeners/viewers - Relevance of republication to claim for aggravated damages
(Page 2)
Legislation:
Nil
Result:
Application for leave to amend claim dismissed with leave to replead
Representation:
Counsel:
First Plaintiff : Mr M L Bennett
Second Plaintiff : Mr M L Bennett
First Defendant : Mr W S Martin QC & Mr S M Davies
Second Defendant : Mr A C Willinge
Third Defendant : Mr P A Tottle
Solicitors:
First Plaintiff : Bennett & Co
Second Plaintiff : Bennett & Co
First Defendant : Mark Andrews & Associates
Second Defendant : Blake Dawson Waldron
Third Defendant : Tottle Christensen
Case(s) referred to in judgment(s):
Cock & Anor v Hughes & Ors [2001] WASC 24
Sims v Wran [1984] 1 NSWLR 317
Slipper v BBC [1991] 1 QB 283
Speight v Gosnay (1891) 60 LJQB 231
Triggell v Pheeney (1951) 82 CLR 497
Webb v Bloch (1928)…
Continue reading Cock v Hughes
Sign in free to access the full text
Details
- AGLC
- Cock v Hughes [2001] WASC 151
- Case
- [2001] WASC 151
- Decision Date
CaseChat Overview and Summary
Cock and Rayney brought a defamation action against Hughes, the ABC and the Nine Network arising from interviews with Hughes conducted by ABC and the Nine Network on 10 May 2000. The plaintiffs sought to amend their statement of claim to include further details in support of their claim for aggravated damages. Hughes objected to the proposed amendments on the basis that they were either in improper form or were embarrassing. The court held that the plaintiffs had set up an arguable case that Hughes was responsible for republications of the allegedly defamatory words and that the plaintiffs were entitled to rely on such republications in support of their claim for aggravated damages. The court also held that the plaintiffs had set up an arguable case that Hughes had authorised or intended the republications. However, the court held that the plaintiffs' amended pleadings were embarrassing in that they contained inconsistent descriptions of the Nine Network and the plaintiffs were required to submit a fresh minute of proposed claim using a consistent description of the Nine Network and its outlets.
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.