FEDERAL COURT OF AUSTRALIA
Darling v Daniels [2025] FCA 81
File number: WAD 16 of 2023 Judgment of: COLVIN J Date of judgment: 14 February 2025 Catchwords: PRACTICE AND PROCEDURE - application for orders striking out paragraphs of statement of claim alleging Seven West Media was a participant in publication of media reports published under masthead of subsidiary and was vicariously liable for reporter - strike out application allowed - applicant to pay costs Legislation: Federal Court Rules 2011 (Cth) r 40.13 Cases cited: Barclay Mowlem Construction Ltd v Dampier Port Authority [2006] WASC 281; (2006) 33 WAR 82
Betfair Pty Limited v Racing New South Wales [2010] FCAFC 133; (2010) 189 FCR 356
Consolidated Press Holdings Ltd v John Fairfax Publications Pty Ltd [2002] ACTSC 63
Dare v Pulham (1982) 148 CLR 658
Dow Jones & Company Inc v Gutnick [2002] HCA 56; (2002) 210 CLR 575
Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27; (2021) 273 CLR 346
Mundine v Brown [2010] NSWSC 468
Pigozzo v Mineral Resources Ltd [2023] FCA 331
Sharif v Vitruvian Investments Pty Ltd (No 2) [2023] FCA 619
Thompson v Australian Capital Television Pty Ltd (1996) 186 CLR 574
Watson v Kriticos (Costs of Summary Judgment Application) [2021] FCA 917
Division: General Division Registry: Western Australia National Practice Area: Other Federal Jurisdiction Number of paragraphs: 57 Date of hearing: 5 February 2025 Counsel for the Applicant: Mr J MacLaurin SC Solicitor for the Applicant: Kimbri Law Counsel for the Respondents: Mr RJ Anderson KC with Mr P McCarthy Solicitor for the Respondents: Steedman Stagg Lawyers ORDERS
WAD 16 of 2023 BETWEEN: JACK DARLING
Applicant
AND: RYAN DANIELS
First Respondent
SEVEN WEST MEDIA (ABN 91 053 480 845)
Second Respondent
ORDER MADE BY:
COLVIN J
DATE OF ORDER:
14 FEBRUARY 2025
THE COURT ORDERS THAT:
1.Paragraphs 2a, 2b, 3e to 3h (inclusive), 3i, 3j, 3k, 3n, 3A, 16, 21 and 22 of the further amendment of the further amended statement of claim filed 30 September 2024 be struck out.
2.On or before 10 March 2025, the applicant do file and serve a third further amended statement of claim with changes from the further amendment of the further amended statement of claim shown in markup but excluding markup for previous amendments.
3.Within 14 days of compliance with order 2 the respondents do file and serve any amended defence.
4.The applicant pay the respondents' costs of and in connection with the interlocutory application dated 24 October 2024 in any event.
5.The respondents' costs of and incidental to the interlocutory application filed 10 April 2024 be the respondents' costs in the cause.
6.The proceedings be listed for a further case management hearing upon the request of any party made by email to the associate to the case managing judge.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
COLVIN J:
Mr Jack Darling…
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- Darling v Daniels [2025] FCA 81
- Case
- [2025] FCA 81
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CaseChat Overview and Summary
The court was tasked with determining whether the paragraphs in question were legally sufficient to be maintained in the statement of claim. The primary issue was whether Seven West Media could be held liable for the actions of its subsidiary and its employees under the law. The court needed to consider whether the claims were so unarguable that they should be dismissed outright.
The court ruled that several paragraphs of the statement of claim were indeed legally untenable and struck them out as per the orders. The court found that the respondents' claims against Seven West Media as a participant in the publication of the media reports and as vicariously liable for the actions of the reporter were not supported by the law. Consequently, the court ordered the removal of these paragraphs from the statement of claim. Additionally, the court directed the applicant to file a further amended statement of claim by a specified date, with the respondents to then file an amended defence within a set period. The costs of the interlocutory applications were also allocated between the parties.
The final orders included the striking out of specific paragraphs from the amended statement of claim, a directive for the applicant to file a further amended statement of claim, and a requirement for the respondents to file an amended defence. The costs of the interlocutory applications were apportioned, with the applicant paying the costs of the most recent application in any event, and the respondents bearing the costs of the earlier application. The proceedings were to be listed for a further case management hearing if requested by any party.
Orders
Orders of the court
1. Paragraphs 2a, 2b, 3e to 3h (inclusive), 3i, 3j, 3k, 3n, 3A, 16, 21 and 22 of the further amendment of the further amended statement of claim filed 30 September 2024 be struck out.
2. On or before 10 March 2025, the applicant do file and serve a third further amended statement of claim with changes from the further amendment of the further amended statement of claim shown in markup but excluding markup for previous amendments.
3. Within 14 days of compliance with order 2 the respondents do file and serve any amended defence.
4. The applicant pay the respondents' costs of and in connection with the interlocutory application dated 24 October 2024 in any event.
5. The respondents' costs of and incidental to the interlocutory application filed 10 April 2024 be the respondents' costs in the cause.
6. The proceedings be listed for a further case management hearing upon the request of any party made by email to the associate to the case managing judge.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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