Djukanovic v Southern Television Corporation Limited

The parties before the High Court of Australia were Southern Television Corporation (the applicant for special leave to appeal) and Djukanovic (the respondent). The dispute concerned an application for special leave to appeal against a judgment. Southern Television Corporation also sought to have the application for special leave dismissed for want of prosecution.

The legal issues before the Court included the importance of the question raised, general matters concerning the interrelationship between compensation and damages at common law, and specifically, the concept of "double-dipping" as referred to by a judge in the Industrial Court. A significant issue was also the question of jurisdiction, which appeared in all the judgments under appeal.

The applicant's counsel argued that a key point of contention was the nature of a sum awarded in the Local Court, which was described as "apparently indivisible" and encompassing special and general damages, as well as interest. The applicant's counsel submitted that this characterisation was incorrect and that the judge in the Industrial Court had not properly considered the Local Court judgment. The applicant's counsel also highlighted the Industrial Court judge's statement that he felt compelled to take cognisance of the Local Court judgment and its satisfaction by a third party.