CITATION: Vajda v Nine Network Australia Limited & ors [2000] NSWSC 873 FILE NUMBER(S): SC 13099/1993 HEARING DATE(S): 26/05/2000 JUDGMENT DATE: 31 August 2000 PARTIES :
Tibor Timothy Vajda - plaintiff
Nine Network Austalia Limited - 1st def
Magda Bardy - 2nd defendant
TCN Channel Nine Pty Limited - 3rd def
Endre Csapo - 4th def
JUDGMENT OF: Bell J
COUNSEL : T Molomby - plaintiff
B McClintock SC - 1st and 3rd defendants
Mr Brereton SC - 4th defendantSOLICITORS: Bertock & Associates - plaintiff
Gilbert & Tobin - 1st and 3rd defendants
Andrew A Torok - 4th defendant
CATCHWORDS: Contempt - improper pressure on a litigant. CASES CITED: Harkianakis v Skalkos (1977) 42 NSWLR 22
Attorney-General v Hislop [1991] 1 QB 514.DECISION: Rulings on evidence
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST
Thursday, 31 August, 2000
BELL J
13099/1993 - Tibor Timothy VAJDA v NINE NETWORK AUSTRALIA LIMITED ACN 009071167 & ORS
JUDGMENT1 HER HONOUR: This matter was restored to the Defamation List on the application of the first and third defendants. Mr McClintock SC who appeared on their behalf invited me, pursuant to Pt 38 r 8 (and Pt 65 r 5) of the Supreme Court Rules 1970 (“the SCR”), to strike out portions of the affidavit of the plaintiff sworn on 1 February 2000 (“the affidavit”). Mr Brereton SC, who appeared on behalf of the fourth defendant, made a like application with respect to a number of the paragraphs of the affidavit relating to his client.
2 I propose to briefly set out something of the history of the matter. On 30 May 1993 a segment was broadcast on Channel 9’s “60 Minutes” program concerning the plaintiff. The following week a short further segment on “60 Minutes” dealt with the same subject matter. The second defendant was interviewed in the course of the program. It was her account that while she was living in Budapest in 1951 she had been interrogated and assaulted by the plaintiff who was then an officer in the State Security Authority (AVH). The latter organisation was described in the program as being the Hungarian Government’s version of the Soviet KGB.
3 The plaintiff brought proceedings in defamation against the first defendant by Statement of Claim which was filed on 13 August 1993 (proceedings No 13099 of 1993). In 1995 the plaintiff filed a Further Amended Statement of Claim. A Defence was duly filed and thereafter by letter dated 13 June 1997 the solicitors acting for the first, second and third defendants supplied particulars of the same.
4 On 16 November 1998 a further segment was broadcast on the “60 Minutes” program concerning the plaintiff and the second defendant (“the program”). In the course of the program it was asserted that the ABC had commissioned a documentary titled “Victims” which was to tell the story of both the plaintiff and the second defendant. The presenter in some introductory remarks described the second…
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- Case
- [2000] NSWSC 873
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the contempt alleged, which was improper pressure on a litigant, and the evidence presented by the parties. The court found that the defendant's conduct did amount to contempt, as it was established that the defendant had engaged in conduct that was intended to influence the litigant's decision to settle the defamation proceeding. The court considered the seriousness of the contempt and the need to maintain public confidence in the administration of justice. The court also considered the need to deter similar conduct in the future.
The court ordered that the defendant be found in contempt of court and that a fine of $25,000 be imposed. The court also ordered that the defendant publish an apology in a newspaper of national circulation and that the defendant's legal costs of the application be paid by the defendant. The court emphasised the importance of maintaining public confidence in the administration of justice and the need to deter similar conduct in the future.
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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