SUPREME COURT OF QUEENSLAND
CITATION:
Wagner & Ors v Harbour Radio Pty Ltd & Ors [2018] QSC 201
PARTIES:
DENIS WAGNER
(first plaintiff)
JOHN WAGNER
(second plaintiff)
NEILL WAGNER
(third plaintiff)
JOE WAGNER
(fourth plaintiff)v
HARBOUR RADIO PTY LTD (ACN 010 853 317)(first defendant)
ALAN BELFORD JONES
(second defendant)
RADIO 4BC BRISBANE PTY LTD (ACN 009 662 784)
(third defendant)
NICHOLAS CHARLES CATER
(fourth defendant)FILE NO/S:
No 10830 of 2015
DIVISION:
Trial
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
12 September 2018
DELIVERED AT:
Brisbane
HEARING DATES:
30 April-4 May, 8-11 May, 14-15 May, 17-18 May, 21‑25 May, 28-30 May, 13-14 June 2018. Further written submissions 15 June 2018.
JUDGE:
Flanagan J
ORDERS:
(a) First Plaintiff
As against the first defendant and second defendant
1. It is ordered that the first and second defendants pay to the first plaintiff damages for defamation in the sum of $750,000 plus interest in the amount of $78,102.74 for the publications pleaded at paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018.
As against the second defendant and the third defendant
2. It is ordered that the second defendant and the third defendant pay to the first plaintiff damages for defamation in the sum of $100,000 plus interest in the amount of $10,643.84 for the publications pleaded at paragraphs 22 and 26 of the second further amended statement of claim filed on 30 April 2018.
Injunction
3. The first defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 27 matters complained of in paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.
4. The second defendant is permanently restrained, by himself and/or his servants or agents, from publishing or causing to be published:
(a) any of the 29 matters complained of in paragraphs 10, 13, 16, 22, 26, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the first plaintiff, or any imputation…
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- Case
- [2018] QSC 201
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the statements were defamatory and, if so, whether the defendants' defences were valid. It also had to assess the damages, considering whether prior publications could be used to aggravate the award, and whether the statutory cap on damages for non-economic loss applied. The court needed to consider whether the plaintiffs' other defamation actions could mitigate the damages awarded in this case.
The court found that the statements were defamatory and rejected the defendants' defences. It held that the plaintiffs were entitled to damages for the publications in question. The court also found that prior publications could be used to aggravate the damages, but the statutory cap on non-economic loss damages was still a relevant factor in the assessment. The plaintiffs' other defamation actions did not mitigate the damages in this case. The court ordered the defendants to pay substantial damages to each plaintiff and issued injunctions to prevent future publications of the defamatory statements. The plaintiffs' claims against the fourth defendant were dismissed, and the court reserved the matter of costs for later determination.
Orders
Orders of the court
(a) First Plaintiff
As against the first defendant and second defendant
1. It is ordered that the first and second defendants pay to the first plaintiff damages for defamation in the sum of $750,000 plus interest in the amount of $78,102.74 for the publications pleaded at paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018.
As against the second defendant and the third defendant
2. It is ordered that the second defendant and the third defendant pay to the first plaintiff damages for defamation in the sum of $100,000 plus interest in the amount of $10,643.84 for the publications pleaded at paragraphs 22 and 26 of the second further amended statement of claim filed on 30 April 2018.
Injunction
3. The first defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 27 matters complained of in paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.
4. The second defendant is permanently restrained, by himself and/or his servants or agents, from publishing or causing to be published:
(a) any of the 29 matters complained of in paragraphs 10, 13, 16, 22, 26, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.
5. The third defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 2 matters complained of in paragraphs 22 and 26 of the amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.
(b) Second Plaintiff
As against the first defendant and second defendant
6. It is ordered that the first and second defendants pay to the second plaintiff damages for defamation in the sum of $750,000 plus interest in the amount of $78,102.74 for the publications pleaded at paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018.
As against the second defendant and the third defendant
7. It is ordered that the second defendant and the third defendant pay to the second plaintiff damages for defamation in the sum of $100,000 plus interest in the amount of $10,643.84 for the publications pleaded at paragraphs 22 and 26 of the second further amended statement of claim filed on 30 April 2018.
Injunction
8. The first defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 27 matters complained of in paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the second plaintiff, or any imputation that does not differ in substance to any of those imputations.
9. The second defendant is permanently restrained, by himself and/or his servants or agents, from publishing or causing to be published:
(a) any of the 29 matters complained of in paragraphs 10, 13, 16, 22, 26, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the second plaintiff, or any imputation that does not differ in substance to any of those imputations.
10. The third defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 2 matters complained of in paragraphs 22 and 26 of the amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the second plaintiff, or any imputation that does not differ in substance to any of those imputations.
(c) Third Plaintiff
As against the first defendant and second defendant
11. It is ordered that the first and second defendants pay to the third plaintiff damages for defamation in the sum of $750,000 plus interest in the amount of $78,102.74 for the publications pleaded at paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018.
As against the second defendant and the third defendant
12. It is ordered that the second defendant and the third defendant pay to the third plaintiff damages for defamation in the sum of $100,000 plus interest in the amount of $10,643.84 for the publications pleaded at paragraphs 22 and 26 of the second further amended statement of claim filed on 30 April 2018.
Injunction
13. The first defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 27 matters complained of in paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the third plaintiff, or any imputation that does not differ in substance to any of those imputations.
14. The second defendant is permanently restrained, by himself and/or his servants or agents, from publishing or causing to be published:
(a) any of the 29 matters complained of in paragraphs 10, 13, 16, 22, 26, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the third plaintiff, or any imputation that does not differ in substance to any of those imputations.
15. The third defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 2 matters complained of in paragraphs 22 and 26 of the amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the third plaintiff, or any imputation that does not differ in substance to any of those imputations.
(d) Fourth Plaintiff
As against the first defendant and second defendant
16. It is ordered that the first and second defendants pay to the fourth plaintiff damages for defamation in the sum of $750,000 plus interest in the amount of $78,102.74 for the publications pleaded at paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018.
As against the second defendant and the third defendant
17. It is ordered that the second defendant and the third defendant pay to the fourth plaintiff damages for defamation in the sum of $100,000 plus interest in the amount of $10,643.84 for the publications pleaded at paragraphs 22 and 26 of the second further amended statement of claim filed on 30 April 2018.
Injunction
18. The first defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 27 matters complained of in paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the fourth plaintiff, or any imputation that does not differ in substance to any of those imputations.
19. The second defendant is permanently restrained, by himself and/or his servants or agents, from publishing or causing to be published:
(a) any of the 29 matters complained of in paragraphs 10, 13, 16, 22, 26, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the fourth plaintiff, or any imputation that does not differ in substance to any of those imputations.
20. The third defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published:
(a) any of the 2 matters complained of in paragraphs 22 and 26 of the amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and
(b) any of the imputations in Attachment 35 to these Reasons of and concerning the fourth plaintiff, or any imputation that does not differ in substance to any of those imputations.
(e) First, Second, Third and Fourth Plaintiffs
21. The plaintiffs’ claims against the fourth defendant are dismissed.
22. I will hear the parties as to costs.
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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