JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: POLAND -v- HEDLEY [No 6] [2024] WASC 168
CORAM: TOTTLE J
HEARD: 14 DECEMBER 2023
DELIVERED : 3 MAY 2024
FILE NO/S: CIV 1370 of 2019
BETWEEN: GREGORY DAVID POLAND
Plaintiff
AND
KATE HEDLEY
First Defendant
FAIRFAX DIGITAL AUSTRALIA & NEW ZEALAND PTY LTD
Second Defendant
NATHAN JOHN HONDROS
Third Defendant
CLAIRE BRADLEY
Fourth Defendant
DAVID BIRCH
Fifth Defendant
ANDREW WILLIAM HASTIE
Sixth Defendant
ZAK RICHARD FRANCIS KIRKUP
Seventh Defendant
Catchwords:
Practice and procedure - Pleadings application for leave to join additional plaintiffs and for leave to amend amended substituted statement of claim following successful strike out application - Applications refused - Turns on own facts
Defamation - Where plaintiff alleges third parties who provided material to media defendants and had telephone discussions concerning the publication of a newspaper article based on materials provided - Whether third parties publishers of the matters complained of - Third parties not publishers - Proposed re‑amended statement of claim fails to disclose reasonable cause of action against third parties for publication of matters complained of - Turns on own facts
Unlawful means conspiracy - Where proposed re‑amended substituted statement of claim fails to plead facts that identify the proposed additional plaintiffs as the subject of an agreement or understanding and where particulars fail to support plea that defendants intended to injure the proposed additional plaintiffs - Where proposed re‑amended statement of claim fails to articulate causal connection between the acts undertaken to implement the conspiracy and the losses claimed by the plaintiff and where proposed re‑amended statement of claim fails to articulate causal connection between the acts undertaken to implement the conspiracy and the losses claimed by the proposed additional plaintiffs - Proposed re-amended statement of claim fails to disclose reasonable cause of action and would be embarrassing - Turns on own facts
Legislation:
Nil
Result:
Leave to amend substituted statement of claim refused
Category: B
Representation:
Counsel:
| Plaintiff | : | Mr M L Bennett & Mr A Tharby |
| First Defendant | : | Mr M C Goldblatt |
| Second Defendant | : | Mr M C Goldblatt |
| Third Defendant | : | Mr M C Goldblatt |
| Fourth Defendant | : | Mr M C Goldblatt |
| Fifth Defendant | : | Mr M C Goldblatt |
| Sixth Defendant | : | Mr M C Goldblatt |
| Seventh Defendant | : | Mr M C Goldblatt |
Solicitors:
| Plaintiff | : | Bennett |
| First Defendant | : | Carmel Galati |
| Second Defendant | : | Carmel Galati |
| Third Defendant | : | Carmel Galati |
| Fourth Defendant | : | Carmel Galati |
| Fifth Defendant | : | Carmel Galati |
| Sixth Defendant | : | Carmel Galati |
| Seventh Defendant | : | Carmel Galati |
Cases referred to in decision:
Bleyer v Google Inc [2014] NSWSC 897; (2014) 88 NSWLR 670
Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152
Central Coast Council v Norcross Pictorial Calendars Pty Ltd [2021] NSWSCA 75
Dank v Whittaker (No 1) [2013] NSWSC 1062
Dresna Pty Ltd v Misu Nominees Pty Ltd [2003] FCA 1537
English v Vantage Holdings Pty Ltd [2021] WASCA 47
Foss v Harbottle (1843) 2 Hare 461; 67 ER 189
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- AGLC
- Poland v Hedley [No 6] [2024] WASC 168
- Case
- [2024] WASC 168
- Decision Date
CaseChat Overview and Summary
The court found that the third parties were not publishers of the matters complained of as they did not control the content of the publication or the manner in which it was published. The court also found that the proposed re-amended statement of claim failed to disclose a reasonable cause of action against the third parties for the publication of the matters complained of as it did not identify the third parties as the publishers of the matters complained of. Additionally, the court found that the proposed re-amended statement of claim failed to articulate a causal connection between the acts undertaken to implement the conspiracy and the losses claimed by the plaintiff and the proposed additional plaintiffs.
The court refused the plaintiff's application for leave to join additional plaintiffs and for leave to amend the amended substituted statement of claim, finding that the proposed re-amended statement of claim failed to disclose a reasonable cause of action and would be embarrassing. The court held that the application turned on its own facts and could not be decided on the basis of any general principles.
The court's decision was based on the specific facts of the case and the particular pleadings before it. The court held that the proposed re-amended statement of claim failed to identify the proposed additional plaintiffs as the subject of an agreement or understanding and failed to support the plea that the defendants intended to injure the proposed additional plaintiffs. The court also found that the proposed re-amended statement of claim failed to articulate a causal connection between the acts undertaken to implement the conspiracy and the losses claimed by the plaintiff and the proposed additional plaintiffs. The court's decision was therefore based on the specific circumstances of the case and cannot be relied upon as a general principle.
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Evidence
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