Kearney v 2HD Broadcasters Pty Limited t/as 1143 2HD [2012] NSWSC 321

Supreme Court New South Wales

Medium Neutral Citation: Kearney v 2HD Broadcasters Pty Limited t/as 1143 2HD [2012] NSWSC 321 Hearing dates: 3 & 4 April 2012 Decision date: 27 July 2012 Jurisdiction: Common Law Before: Davies J Decision: (1) Judgment for the First Cross-Defendant on the Cross-Claim. (2) Judgment for the Cross-Claimant against the Second Cross-Defendant in the sum of $46,796 together with interest thereon. (3) The Second Cross-Defendant is to pay the Cross-Claimant's costs of the Cross-Claim. Catchwords: TORTS - defamation - caller to talkback radio program - publication of false and defamatory allegations - Plaintiff sues radio station - radio station settles with Plaintiff - cross-claim against caller - whether caller had defences to claim for defamation - reasonableness of settlement - amount of contribution to be paid by caller - claim by radio station in deceit - elements of the tort of deceit. Legislation Cited: Defamation Act 2005 Law Reform (Miscellaneous Provisions) Act 1946 Cases Cited: Commercial Banking Co of Sydney Ltd v RH Brown & Co (1972) 126 CLR 337 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Edgington v Fitzmaurice (1885) 29 Ch D 459 George Wimpey and Co Ltd v British Overseas Airways Corporation [1953] 2 QB 501 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 290 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492 Stott v West Yorkshire Road Car Co Ltd [1971] 3 All ER 534 Category: Principal judgment Parties: Aaron Kearney (Plaintiff) 2HD Broadcasters Pty Limited t/as 1143 2HD (First Defendant/Cross-Claimant) Newcastle FM Pty Ltd t/as New FM (Second Defendant/Cross-Claimant) Wendy J Stephens (First Cross-Defendant) Craig Stephens (Second Cross-Defendant) Representation: C A Evatt & R Rasmussen (Cross-Claimant) R K Weaver and N Smith (Cross-Defendants) Hazan Hollander (Plaintiff) Stacks, The Law Firm (First & Second Defendants/Cross-Claimants) Slater & Gordon (Cross-Defendants) File Number(s): 2010/329085