Murdoch v Private Media Pty Ltd (No 4)

The case of Murdoch v Private Media Pty Ltd (No 4) involved an application by Mr Murdoch to amend his originating application and statement of claim in defamation proceedings against Crikey and its employees, Mr Beecher and Mr Hayward. The application also sought to join Mr Beecher and Mr Hayward as respondents. The application was opposed by Crikey. The court had to decide whether to grant the application to amend and join, considering the competing considerations of the importance of the amendments to Mr Murdoch’s case, the delay and prejudice to Crikey, and the overarching purpose of civil procedure.

The court balanced the factors weighing for and against the application. While the amendments and joinder would cause Crikey some prejudice, the court found that the amendments were reasonably arguable, important to Mr Murdoch’s case, and that Mr Murdoch had a reasonable explanation for the timing of the application. The court concluded that the factors in favour of permitting the amendments and joinder outweighed those against, and granted the application. The trial date was vacated and the proceeding relisted for trial commencing on 9 October 2023. The court ordered that Mr Murdoch pay Crikey’s costs thrown away by the amendments and joinder application. The parties were to confer and attempt to agree on the costs of the joinder and amendment application before making further written submissions.

The court held that Mr Murdoch should be granted leave to amend his originating application and statement of claim and to join Mr Beecher and Mr Hayward as respondents. The trial date was vacated and the proceeding relisted for final hearing commencing on 9 October 2023. The court ordered that Mr Murdoch pay Crikey’s costs thrown away by the amendments and joinder application. The costs of the joinder and amendment application were reserved pending further submissions from the parties.