Cooper v Nine Entertainment Co Pty Ltd [2023] FCA 726

Cooper v Nine Entertainment Co Pty Ltd [2023] FCA 726

It is within the court's discretion, in light of the overarching purpose of the Federal Court Rules and the interests of justice, to permit amendments joining The Age Company as a respondent and allow amendments to the originating application and statement of claim to include additional publications and imputations. The requisite concerns notice given for the print article was sufficient for both online and print publications, the amendments arise out of substantially the same facts, and no substantial prejudice to respondents was demonstrated beyond technical reliance on the limitation period.

Parties
Applicant: Dr Russell Cooper; First Respondent: Nine Entertainment Co Pty Ltd; Second Respondent: Mr Jake Niall; Third Respondent: Mr Peter Ryan; Respondent (joined): The Age Company Pty Ltd
Jurisdiction
Australia
Judgment Date
03 July 2023
Procedural Posture
Interlocutory Application/amendment in Defamation Proceeding / Application for Leave to Amend Originating Application and Statement of Claim, Including Joining New Respondent
Outcome
Application allowed. Leave granted to amend and to join The Age Company Pty Ltd as a respondent.
Legal Topics
Amendment of Pleadings, Joinder of Parties, Concerns Notice Requirements, Limitation Periods, Defamatory Imputations, Serious Harm Element, Single Publication Rule
Practice and Procedure Defamation Amendment of Pleadings Joinder of Parties Concerns Notice Requirements Limitation Periods Defamatory Imputations Serious Harm Element +1 more

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Parties

Dr Russell Cooper

Applicant

Nine Entertainment Co Pty Ltd

First Respondent

Mr Jake Niall

Second Respondent

Mr Peter Ryan

Third Respondent

The Age Company Pty Ltd

Respondent (joined)

Procedural Posture

Interlocutory Application/amendment in Defamation Proceeding / Application for Leave to Amend Originating Application and Statement of Claim, Including Joining New Respondent

Legal Issues

  1. 1 Whether the applicant can amend the originating application and statement of claim to join The Age Company Pty Ltd as a respondent and to plead additional publications and imputations, including when some claims may be out of time or not subject of a concerns notice;
  2. 2 Whether a valid concerns notice was given as required by the Defamation Act 2005 (Tas) to support all asserted publications and imputations;
  3. 3 Whether amendments/additions arise out of the same or substantially the same facts for the purpose of rr 8.21 and 9.05 of the Federal Court Rules 2011 (Cth);

Ratio Decidendi

It is within the court's discretion, in light of the overarching purpose of the Federal Court Rules and the interests of justice, to permit amendments joining The Age Company as a respondent and allow amendments to the originating application and statement of claim to include additional publications and imputations. The requisite concerns notice given for the print article was sufficient for both online and print publications, the amendments arise out of substantially the same facts, and no substantial prejudice to respondents was demonstrated beyond technical reliance on the limitation period.

Court Disposition

Application allowed. Leave granted to amend and to join The Age Company Pty Ltd as a respondent.

Orders

  • The Age Company Pty Ltd is joined as a respondent to the proceeding.
  • The applicant has leave to file an amended originating application.