Victorian Broadcasting Network Ltd v. Whitlam, Edward Gough [1980] FCA 64

CATCHWORDS

Service out of the jurisdiction - one defendant out of

jurisdiction - whether shown to be joint tortfeasor with

defendants in jurisdiction.

Service out of the jurisdiction - setting aside writ - stay of proceedings - which is appropriate where case not within

s.11 of Service and Execution of Process Act 1901.

VICTORIAN BROADCASTING NETWORK LIMITED v. EDWARD GOUGH WHITLAM

F.C. No. 9 of 1979.

CORAM: Blackburn, Franki and Keely JJ. CANBERRA 2 April 1980.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

F.C. No. 9 of 1979 DISTRICT REGISTRY

Nee Ned Na ad Nae Ne Se

GENERAL DIVISION

ON APPEAL from the Supreme Court of

the Australian Capital Territory

S.C. No. 482 of 1978

BCTWEEN: VICTORIAN BROADCASTING

NETWORK LIMITED Appellant (Fifthnamed Defendant)

AND: EDWARD GOUGH WHITLAM Respondent (Plaintiff)

ORDER

JUDGES MAKING ORDER: Blackburn, Franki and Keely JJ. DATE OF ORDER: 2 April 1980

WHERE MADE: Canberra

THE COURT ORDERS THAT: 1. The appellant have leave to apply within 21 days to amend its application by applying for a stay of proceedings.

2. The further hearing of the appeal be adjourned to a date to be fixed.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

) ) No. F.C. 9 of 1979 ) ) )

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY S.C. No. 482 of 1978

BETWEEN: VICTORIAN BROADCASTING NETWORK LIMITED

Appellant (Fifthnamed Defendant)

AND: EDWARD GOUGH WHITLAM

Respondent (Plaintiff)

CORAM: BLACKBURN, FRANKI and KEELY JJ. 2 APRIL 1980

REASONS FOR JUDGMENT

This 1s an appeal against an interlocutory decision of a judge of the Supreme Court of the Australian Capital Territory refusing to set aside a writ and the service of a writ. The respondent, Mr Whitlam, commenced proceedings in the Supreme Court of the Australian Capital Territory against fourteen defendants and the statement of claim was endorsed "The Plaintiff's Claim is For damages for libel for the publication of matter on the 5th December, 1977 contained in an interview with Mrs Leah Lynch within a programme known as 'Willesee at 7'". The appellant and the fifth defendant, the Victorian Broadcasting Network Limited, proceeded by way of notice of motion to have the writ of summons set aside in so far as it referred to the appellant and also to have the service