Lange v Australian Broadcasting Corporation

[1997] HCA 25

---

Between: David Russell Lange - Plaintiff
And: Australian Broadcasting Corporation - Defendant

Court:

Judges: Brennan CJ
Dawson J
Toohey J
Gaudron J
McHugh J
Gummow J
Kirby J

Judgment date: 8 July 1997

---

ORDER

1. The case stated should be answered as follows:

"1. Q. Is the defence pleaded in par 10 of the Defendant's Amended Defence bad in law?"

A. Yes.

"2. Q. Is the defence pleaded in par 6 of the Defendant's Amended Defence bad in law in respect of the publication complained of in New South Wales?"

A. No. But the particulars given do not bring the publication within that defence.

2. The matter is remitted to the Supreme Court of New South Wales to proceed therein in accordance with the answers to the questions.

3. The defendant pay the plaintiff's costs of the proceedings in the High Court including the costs of the removal of the matter under s 40 of the Judiciary Act 1903 (Cth).

4. The Commonwealth, New South Wales, Queensland, South Australia and Western Australia pay to the plaintiff and to the defendant a proportion of the costs incurred by each of them to be taxed as between party and party in relation to the proceedings in the High Court other than the application to remove the matter under s 40 of the Judiciary Act 1903 (Cth), the proportion to be determined by the taxing officer by reference to the time by which the hearing of the matter before the Full Court was extended by submissions made on behalf of those interveners.

5. The corporations described as "the Fairfax interests", Nationwide News Pty Ltd, the Herald and Weekly Times Ltd, and the Seven Network Ltd pay to the plaintiff and to the defendant a proportion of the costs incurred by each of them to be taxed as between party and party in relation to the proceedings in the High Court other than the application to remove the matter under s 40 of the Judiciary Act 1903 (Cth), the proportion to be determined by the taxing officer by reference to the time by which the hearing of the matter before the Full Court was extended by submissions made on behalf of those interveners.

6. Any payment made to the plaintiff pursuant to par 4 or par 5 shall be made in relief of the defendant's obligation under par 3.