Waites v Macquarie Radio Network Ltd

In the matter of Waites v Macquarie Radio Network Ltd, the plaintiffs sought to bring a defamation action against the defendant, who operated several radio stations. The plaintiffs alleged that they were defamed by statements made on two separate radio talk-back programmes. The central issue before the court was whether the plaintiffs should be required to plead both programmes as a single publication or if they could treat each programme as a separate publication. The court had to determine the appropriate interpretation of UCPR rule 14.28 in this context.

The court considered whether the two radio talk-back programmes constituted a single publication or separate publications for the purposes of the defamation claim. The plaintiffs argued that the programmes should be treated as one publication because they were broadcast on the same network and were part of the same overall broadcast. Conversely, the defendant contended that each programme should be treated as a separate publication, which would increase the period within which the defamation action could be brought. The court needed to assess the applicability of UCPR rule 14.28, which provides for the treatment of multiple publications in defamation cases.

In reaching its decision, the court examined the nature of the publications and the relationship between them. It found that the two radio talk-back programmes were distinct and separate broadcasts, each with its own audience and context. The court held that the plaintiffs should treat each programme as a separate publication for the purposes of the defamation action. This interpretation aligned with the broader principles of defamation law, which recognises that each publication can give rise to separate causes of action. Consequently, the court allowed the defendant's strike in application, dismissing the plaintiffs' claim to the extent that it sought to treat the programmes as a single publication.