MICKELBERG -v- NETWORK 10 (PERTH) PTY LTD & ANOR [2001] WASC 75
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASC 75 | |
| Case No: | CIV:2507/2000 | 12 MARCH 2001 | |
| Coram: | HASLUCK J | 28/03/01 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Application to set aside judgment allowed | ||
| PDF Version |
| Parties: | ROSS ALEXANDER MICKELBERG NETWORK 10 (PERTH) PTY LTD (ACN 009 108 614) WIN TELEVISION (WA) PTY LTD (ACN 001 969 491) |
Catchwords: | Defamation Judgment in default of defence Application to set aside judgment Turns on own facts |
Legislation: | Supreme Court Rules, O 22 r 3, O 22 r 10, O 37 r 6(2), O 59 r 9 |
Case References: | Carr v Finance Corp Australia Ltd (No 1) (1981) 147 CLR 246 Evans v Bartlam [1937] AC 473 Kostokanellis v Allen [1974] VR 596 Mickelberg v The Queen [2000] WASCA 319 Parker v Transfield Pty Ltd [2000] WASCA 382 Sharples v Northern Territory (1988) 91 FLR 11 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
NETWORK 10 (PERTH) PTY LTD (ACN 009 108 614)
First Defendant
WIN TELEVISION (WA) PTY LTD (ACN 001 969 491)
Second Defendant
Catchwords:
Defamation - Judgment in default of defence - Application to set aside judgment - Turns on own facts
Legislation:
Supreme Court Rules, O 22 r 3, O 22 r 10, O 37 r 6(2), O 59 r 9
(Page 2)
Result:
Application to set aside judgment allowed
Representation:
Counsel:
Plaintiff : In person
First Defendant : No appearance
Second Defendant : Ms C Galati
Solicitors:
Plaintiff : In person
First Defendant : No appearance
Second Defendant : Edwards Wallace
Case(s) referred to in judgment(s):
Carr v Finance Corp Australia Ltd (No 1) (1981) 147 CLR 246
Evans v Bartlam [1937] AC 473
Kostokanellis v Allen [1974] VR 596
Mickelberg v The Queen [2000] WASCA 319
Parker v Transfield Pty Ltd [2000] WASCA 382
Sharples v Northern Territory (1988) 91 FLR 11
Case(s) also cited:
Nil
(Page 3)
1 HASLUCK J: This is an application by the second defendant to set aside a default judgment obtained in default of the filing of a statement of defence. The plaintiff appeared in person. There was no appearance for the first defendant. The second defendant was represented by counsel.
2 On 6 November 2000, the plaintiff, Ross Alexander Mickelberg, issued a writ of summons bearing an indorsement of claim. On the same day, the plaintiff filed a statement of claim from which it appears that on or about 15 April 2000 in the State of Western Australia the defendants allegedly broadcast news programmes on television containing words and pictures which are said to be defamatory of the plaintiff.
3 The plaintiff says that in their ordinary and…
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- Mickelberg v Network 10 (Perth) Pty Ltd [2001] WASC 75
- Case
- [2001] WASC 75
- Decision Date
CaseChat Overview and Summary
The court considered whether the second defendant had provided a sufficient explanation for the delay and whether it had a prima facie defence. The second defendant argued that it was a regional broadcaster and questioned whether the claim, as initially formulated, disclosed a cause of action against it. It also claimed that it was entitled to plead truth to an alternative imputation arising from the broadcast. The court found that the second defendant had provided a reasonable explanation for the delay and that it had a prima facie defence. Therefore, the court set aside the default judgment and allowed the second defendant to file a defence within 21 days of the order.
The court ordered that the default judgment be set aside, the second defendant's time to file and serve a defence be extended to 21 days after the date of the order, and the second defendant pay the plaintiff's costs of the application. The court also waived the operation of par 1 of O 59 r 9.
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Background
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Evidence
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