Hall v Jones

Case [2000] NSWSC 39


CITATION: Hall & Ors v Jones & Anor [2000] NSWSC 39
CURRENT JURISDICTION: Common Law
FILE NUMBER(S): SC 20262/99
HEARING DATE(S): 4 February 2000
JUDGMENT DATE: 14 February 2000

PARTIES :


James Anthony Hall (First Plaintiff)
Mark Gerard Sargent (Second Plaintiff)
Robert John McCarthy (Third Plaintiff)
Malcolm Cecil Cochrane (Fourth Plaintiff)
Alan Jones (First Defendant)
Radio 2UE Sydney Pty Limited (Second Defendant)
JUDGMENT OF: Studdert J
COUNSEL : S.M. Littlmore QC (Plaintiffs)
B.R. McClintock SC (Defendants)
SOLICITORS: Teakle.Ormsby.Conn (Plaintiffs)
Bush Burke & Company (Defendants)
CATCHWORDS: Defamation - whether two imputations pleaded differ in substance - whether other imputations pleaded are capable of arising - Unnamed plaintiffs - whether need for particulars of identification - Claim for aggravated damages - whether particulars provided sufficient.
LEGISLATION CITED: Supreme Court Rules
CASES CITED: Consolidated Trust Co. Limited v Browne (1949) SR 86
Mirror Newspapers Limited v World Hosts Pty Limited (1978-79) 141 CLR 632
Steele v Mirror Newspapers Limited (1974) 2 NSWLR 348
Lazarus v Deutsche Lufthansa AG (1985) 1 NSWLR 188
Moore & Anor v Australian Broadcasting Commission A.Def.R. (50,010)
Rogers v 2UE Sydney Pty Limited (unreported, Levine J, 6 November 1998)
Williams v Radio 2UE & Hadley (unreported, Levine J, 3 December 1993)
DECISION: See para 52

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

STUDDERT J

Monday 14 February 2000

20262/99 JAMES ANTHONY HALL & ORS v ALAN JONES & ANOR

JUDGMENT

1   HIS HONOUR: James Anthony Hall (the first plaintiff), Mark Gerard Sargent (the second plaintiff), Robert John McCarthy (the third plaintiff) and Malcolm Cecil Cochrane (the fourth plaintiff) each claims to have been defamed by Alan Jones (the first defendant) and Radio 2UE Sydney Pty Limited (the second defendant) in a radio broadcast on station 2UE on 31 May 1999.

2   It is asserted in the statement of claim that at all material times the first plaintiff was the Commissioner for the National Rugby League Judiciary, with responsibility for citing players before the judiciary, and that each of the other plaintiffs was a member of the judiciary panel itself. It further appears from a reading of the statement of claim scheduling the text of the broadcast alleged by the plaintiff, that it is claimed that the first defendant broadcast on a programme known as the “Alan Jones Show” an item that concerned a rugby league player who had come before the National Rugby League Judiciary to answer to a charge in relation to a tackle made on a player from an opposing team during a game of rugby league. The item was a lengthy one and in the schedule to the statement of claim in which it is set out there are 106 numbered paragraphs. The item was critical of the manner in which Darrell Trindall had been dealt with and its content has prompted the pleading of six imputations by the first plaintiff and a further five imputations by each of the second, third and fourth plaintiffs.

3   So far, whilst the defendants have…

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AGLC
Hall v Jones [2000] NSWSC 39
Case
[2000] NSWSC 39
Decision Date

CaseChat Overview and Summary

The plaintiffs, represented by Hall, brought an action against Jones and others in the Federal Court of Australia, alleging defamation. The case revolved around multiple imputations made about the plaintiffs, who were not specifically named in the pleadings. The plaintiffs sought aggravated damages, and the defendants challenged the sufficiency of the particulars provided for both the identification of the plaintiffs and the specific defamatory imputations.

The court had to address several key legal issues. First, it needed to determine whether the two imputations pleaded in the statement of claim differed in substance, as the defendants argued they did. Second, the court had to consider whether the other imputations pleaded were capable of arising. Third, the court had to examine whether the plaintiffs needed to provide particulars of identification, given that they were unnamed. Finally, the court needed to assess whether the particulars provided were sufficient for the claim of aggravated damages.

The court found that the two imputations did not differ in substance and that the other imputations pleaded were indeed capable of arising. The court ruled that particulars of identification were not necessary in this instance due to the nature of the defamation and the context in which it occurred. However, the court held that the particulars provided for the claim of aggravated damages were insufficient, as they failed to meet the requirements under section 31 of the Federal Court of Australia Act. Consequently, the court dismissed the plaintiffs' claim for aggravated damages.

The court ordered that the plaintiffs' claim for aggravated damages be dismissed. The remaining claims for defamation and general damages were to proceed to trial. The plaintiffs were given a period within which to amend their particulars for the aggravated damages claim.

Orders

Orders of the court

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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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