Sarina v Fairfax Media Publications Pty Ltd [2018] FCA 521

Sarina v Fairfax Media Publications Pty Ltd [2018] FCA 521

The wide language of cl 3.4 released the Releasees from all claims in respect of the District Court proceedings and the subject matter of those proceedings, and cl 4 operated as a bar to proceedings related to the matters released. The 14 September 2009 and 16 October 2010 publications were within the subject matter and contemplation of the parties when the February 2016 Deed of Release was executed. Accordingly the Applicant had no reasonable prospect of successfully prosecuting the proceeding, so summary judgment was entered for the Respondent and the proceeding dismissed.

Jurisdiction
Australia
Judgment Date
17 April 2018
Procedural Posture
Defamation Proceeding / Respondent's Application for Summary Judgment Pursuant to S 31 A(2) of the Federal Court of Australia Act 1976 (cth)
Outcome
Proceeding dismissed with costs; judgment entered in favour of the Respondent.
Legal Topics
['summary Judgment' 'deed of Release' 'construction of Releases' 'covenant Not to Sue' 'plea in Bar' 'no Reasonable Prospects of Success']
['practice and Procedure' 'defamation' 'contract'] ['summary Judgment' 'deed of Release' 'construction of Releases' 'covenant Not to Sue' 'plea in Bar' 'no Reasonable Prospects of Success']

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Procedural Posture

Defamation Proceeding / Respondent's Application for Summary Judgment Pursuant to S 31 A(2) of the Federal Court of Australia Act 1976 (cth)

Legal Issues

  1. 1 ['Whether the Deed of Release executed after the District Court of New South Wales defamation proceeding operated as a release from liability for the publications complained of in the Federal Court proceeding.' 'Whether clauses 3.4 and 4 of the Deed of Release extended to the 14 September 2009 and 16 October 2010 publications.' 'Whether the Applicant had no reasonable prospect of successfully prosecuting the proceeding within the meaning of s 31A(2)(b) of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

The wide language of cl 3.4 released the Releasees from all claims in respect of the District Court proceedings and the subject matter of those proceedings, and cl 4 operated as a bar to proceedings related to the matters released. The 14 September 2009 and 16 October 2010 publications were within the subject matter and contemplation of the parties when the February 2016 Deed of Release was executed. Accordingly the Applicant had no reasonable prospect of successfully prosecuting the proceeding, so summary judgment was entered for the Respondent and the proceeding dismissed.

Court Disposition

Proceeding dismissed with costs; judgment entered in favour of the Respondent.

Orders

  • ['The proceeding is dismissed.' 'The Applicant is to pay the costs of the Respondent.']