ROBERMAN -v- AUSTRALIAN BROADCASTING CORPORATION [2002] WASC 301

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WASC 301
Case No:	CIV:1179/2001	Heard:	17 OCTOBER 2002
Coram:	STEYTLER J	Delivered:	10/12/02
No of pages:	21	Judgment Part:	1 of 1
Result:	Various paragraphs of statement of claim struck out Liberty to replead
Category:	B
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Parties:	BRIAN ROBERMAN AUSTRALIAN BROADCASTING CORPORATION
Catchwords:	Defamation Practice and procedure Pleadings Television broadcast Whether imputations lacking in precision Turns on own facts
Legislation:	Rules of the Supreme Court (WA), O 20 r 19
Case References:	Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Capital & Counties Bank Ltd v George Henty & Sons (1882) 7 App Cas 741 Gardiner v Ray [1999] WASC 140 Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440 Jones v Skelton (1963) 1 WLR 1362 Lewis v Daily Telegraph Ltd [1964] AC 234 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Moir v Flint [2002] WASC 48 Monte v Mirror Newspapers Ltd (1979) 2 NSWLR 663 Robinson v Adshead (No 2) (1995) 12 WAR 577 Slatyer v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1 Smith v Littlemore (1996) 15 WAR 289 Taylor v Jecks (1993) 10 WAR 309 Commonwealth v Temwood Holdings Pty Ltd [2002] WASC 107 Dean v More Than a Morsel Pty Ltd [2002] ACTSC 101 Hoad v Nationwide News Pty Ltd (1998) 19 WAR 468 Mann v Carnell (1999) 201 CLR 1 Mickelberg v 6PR Southern Cross Radio Pty Ltd [2001] WASC 33

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : ROBERMAN -v- AUSTRALIAN BROADCASTING CORPORATION [2002] WASC 301 CORAM : STEYTLER J HEARD : 17 OCTOBER 2002 DELIVERED : 10 DECEMBER 2002 FILE NO/S : CIV 1179 of 2001 BETWEEN : BRIAN ROBERMAN

Plaintiff

AND

AUSTRALIAN BROADCASTING CORPORATION

Defendant

Catchwords:

Defamation - Practice and procedure - Pleadings - Television broadcast - Whether imputations lacking in precision - Turns on own facts

Legislation:

Rules of the Supreme Court (WA), O 20 r 19

Result:

Various paragraphs of statement of claim struck out

Liberty to replead

(Page 2)

Category: B

Representation:

Counsel:

Plaintiff : Mr G R Donaldson

Defendant : Mr R L Le Miere QC

Solicitors:

Plaintiff : Clayton Utz

Defendant : Talbot & Oliver

Case(s) referred to in judgment(s):

Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158
Capital & Counties Bank Ltd v George Henty & Sons (1882) 7 App Cas 741
Gardiner v Ray [1999] WASC 140
Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440
Jones v Skelton (1963) 1 WLR 1362
Lewis v Daily Telegraph Ltd [1964] AC 234
Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293
Moir v Flint [2002] WASC 48
Monte v Mirror Newspapers Ltd (1979) 2 NSWLR 663
Robinson v Adshead (No 2) (1995) 12 WAR 577
Slatyer v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1
Smith v Littlemore (1996) 15 WAR 289
Taylor v Jecks…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] WASC 301
Decision Date

CaseChat Overview and Summary

This was a defamation case brought by Brian Roberman against the Australian Broadcasting Corporation (ABC) relating to a television broadcast on the ABC's Four Corners program on 12 February 2001. The program included a story about Dr Roberman, a prominent obstetrician and gynaecologist, focusing on several incidents involving his patients. Roberman brought defamation proceedings against the ABC, and the ABC objected to certain paragraphs in Roberman's statement of claim. The Supreme Court of Western Australia struck out a number of paragraphs of Roberman's statement of claim and gave him leave to replead. Roberman then filed an amended statement of claim, which the ABC objected to. The ABC sought to have a number of paragraphs in Roberman's amended statement of claim struck out. The court considered the objections and, in doing so, considered the principles applicable to an application of this kind, including the requirement that imputations must be precisely pleaded and that they must be capable of arising from the words complained of. The court considered each of the paragraphs objected to by the ABC in turn, striking out some of them and allowing others to stand. The court also noted that applications to strike out pleadings are overused and often produce no sufficient countervailing benefit, and that they should be brought promptly so that they might at once be disposed of and the action continued without further interruption.

Orders