Webster v Coles Myer Limited; Thompson v Coles Myer Limited (No. 2)

The plaintiffs, Webster and Thompson, brought separate actions against Coles Myer Limited in the Federal Court of Australia for defamation. Both actions were consolidated, and the case was heard on liability and damages. The defendants, Coles Myer Limited, were alleged to have defamed the plaintiffs by publishing statements that were false and defamatory in their advertising and public statements. The court was required to decide whether the statements made by Coles Myer Limited were defamatory, whether they were published, and if so, whether the defendants were liable for damages.

The court found that the statements made by Coles Myer Limited were defamatory and that they were published to third parties. The court also found that the defendants were liable for damages. The court varied the orders from a previous judgment to include interest on the awarded damages and costs. The court also ordered that the defendants pay the plaintiffs' costs of the proceedings, assessed on the ordinary basis up to certain dates and on the indemnity basis thereafter. The court further certified that the plaintiffs could be represented by two counsel at the hearing and preparation of the trial and granted a stay of 28 days from the date of the judgment with liberty to apply.

In summary, the court found that the defendants were liable for defamation and ordered them to pay the plaintiffs' costs and damages, including interest. The court also certified that the plaintiffs could be represented by two counsel and granted a stay of 28 days. The defendants were required to pay the plaintiffs' costs of the proceedings, assessed on the ordinary basis up to certain dates and on the indemnity basis thereafter.