Anthony Tony Rinaldi v Cobbittee Publications Pty Ltd & 2 Ors [2006] NSWSC 1498

Anthony Tony Rinaldi v Cobbittee Publications Pty Ltd & 2 Ors [2006] NSWSC 1498

Cobbittee is not entitled to full indemnity from the informants as its own conduct in publishing the defamatory material without reasonable enquiries or verification was the major operative cause of the harm. Responsibility for the plaintiff's damage is apportioned: 80% to Cobbittee, 15% to Rinaldi, 5% to Cantali. Cobbittee's claim for damages for breach of agreement fails as the effective cause of its loss was its own unreasonable conduct, not merely the false information supplied.

Jurisdiction
Australia
Judgment Date
22 June 2006
Procedural Posture
Tort/defamation; Cross Claim for Contribution/indemnity and Breach of Agreement / Judgment on Cross Claims Following Settlement of Main Claim; Judgment in Default for Cross Claim; Assessment of Contribution; Claim for Damages for Breach of Agreement
Outcome
Cobbittee's claim for damages for breach of agreement dismissed; orders for contribution made in specified amounts.
Legal Topics
['joint Tortfeasors' 'defamatory Publication' 'indemnity' 'contribution' 'apportionment of Responsibility' "reasonableness of Publisher's Conduct" 'breach of Agreement']
['torts' 'defamation'] ['joint Tortfeasors' 'defamatory Publication' 'indemnity' 'contribution' 'apportionment of Responsibility' "reasonableness of Publisher's Conduct" 'breach of Agreement']

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Procedural Posture

Tort/defamation; Cross Claim for Contribution/indemnity and Breach of Agreement / Judgment on Cross Claims Following Settlement of Main Claim; Judgment in Default for Cross Claim; Assessment of Contribution; Claim for Damages for Breach of Agreement

Legal Issues

  1. 1 ["Whether publisher's conduct was reasonable in circumstances" 'Extent to which each party is responsible for defamatory publication' 'Whether publisher entitled to indemnity or contribution from informants under s 5 Law Reform (Miscellaneous Provisions) Act 1946' 'Whether publisher entitled to damages for breach of agreement for supply of information']

Ratio Decidendi

Cobbittee is not entitled to full indemnity from the informants as its own conduct in publishing the defamatory material without reasonable enquiries or verification was the major operative cause of the harm. Responsibility for the plaintiff's damage is apportioned: 80% to Cobbittee, 15% to Rinaldi, 5% to Cantali. Cobbittee's claim for damages for breach of agreement fails as the effective cause of its loss was its own unreasonable conduct, not merely the false information supplied.

Court Disposition

Cobbittee's claim for damages for breach of agreement dismissed; orders for contribution made in specified amounts.

Orders

  • ['Order for contribution in favour of Cobbittee against Rinaldi in the sum of $24,750.00' 'Order for contribution in favour of Cobbittee against Cantali in the sum of $8,250.00' 'Claim for damages for breach of agreement against Rinaldi dismissed' 'Proceedings stood over to the defamation directions list for hearing...