Barnes and Co Limited v Sharpe [1910] HCA 26

Barnes and Co Limited v Sharpe [1910] HCA 26

The presence of a corporation as plaintiff does not preclude action for defamation; objections as to joinder of parties that are of form not substance and cause no substantial injustice do not invalidate a verdict; damages should have been assessed separately against Nielsen as he was not liable for publication of one defamatory item, but judgment may stand against other defendants with reassessment as to Nielsen; evidence relevant to fix a material date is admissible.

Parties
Appellants; Plaintiffs: Barnes & Co. Limited and others; Respondents; Defendants: Sharpe and others; Respondent; Defendant: Farmers Co-operative Distributing Company of Queensland Limited; Respondent; Defendant: Nielsen
Jurisdiction
Australia
Judgment Date
06 June 1910
Procedural Posture
Appeal / Judgment on Appeal From Full Court of Queensland
Outcome
Appeal allowed in part; judgment against Nielsen set aside regarding circular and damages reassessed against him for letter; judgment stands against company and Sharpe.
Legal Topics
Corporation Liability for Defamation, Representative Actions, Misjoinder and Non Joinder, Assessment of Damages, Admissibility of Evidence
Tort Law Defamation Civil Procedure Corporation Liability for Defamation Representative Actions Misjoinder and Non Joinder Assessment of Damages Admissibility of Evidence

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Parties

Barnes & Co. Limited and others

Appellants; Plaintiffs

Sharpe and others

Respondents; Defendants

Farmers Co-operative Distributing Company of Queensland Limited

Respondent; Defendant

Nielsen

Respondent; Defendant

Procedural Posture

Appeal / Judgment on Appeal From Full Court of Queensland

Legal Issues

  1. 1 Whether damages for defamation can be awarded against corporations and individuals joined as plaintiffs
  2. 2 Whether representative action is permitted for defamation under Queensland Rules
  3. 3 Effect of misjoinder/non-joinder of plaintiffs/defendants after verdict

Ratio Decidendi

The presence of a corporation as plaintiff does not preclude action for defamation; objections as to joinder of parties that are of form not substance and cause no substantial injustice do not invalidate a verdict; damages should have been assessed separately against Nielsen as he was not liable for publication of one defamatory item, but judgment may stand against other defendants with reassessment as to Nielsen; evidence relevant to fix a material date is admissible.

Court Disposition

Appeal allowed in part; judgment against Nielsen set aside regarding circular and damages reassessed against him for letter; judgment stands against company and Sharpe.

Orders

  • Finding of the jury that Nielsen published the circular set aside and judgment of nonsuit entered for him as to that cause of action without costs; all further proceedings in the action against him stayed.
  • Judgment against the other defendants varied: Sharpe and the company to pay plaintiffs' costs up to verdict except so far as increased by joinder of Nielsen regarding circular; plaintiffs to pay defendants such costs incurred by reason of Nielsen's joinder with mutual set-off.