HODGSON AND ANOR V SIEMER AND ORS HC AK CIV 2005-404-1808

HODGSON AND ANOR V SIEMER AND ORS HC AK CIV 2005-404-1808

The court dismissed the defendants' application to determine termination of the 2001 agreement as inappropriate for r 418 and for separate trial, ordered that the question whether the published words are capable of bearing the pleaded defamatory meanings be determined as a preliminary issue (making the orders sought...

Source-derived case information.

Citation
openlaw-cc7b059c_23b6_4e2f_bde8_e406e076506e.pdf
Parties
First Plaintiff: FERRIER HODGSON; Second Plaintiff: MICHAEL PETER STIASSNY; First Defendant: VINCENT ROSS SIEMER; Second Defendant: PARAGON SERVICES LIMITED; Third Defendant: OGGI ADVERTISING LIMITED; Fourth Defendant: YAHOO! INC
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 September 2006
Procedural Posture
Breach of Contract and Defamation / Interlocutory Preliminary Issues and Interlocutory Applications
Outcome
Application partly allowed and partly dismissed
Legal Topics
Preliminary Issue Under R 418, Meaning of Published Words, Variation of Interim Injunction, Discovery / Production of Documents, Contempt and Purging of Contempt, Timetable and Directions
Contract Defamation Contempt of Court Injunctions Civil Procedure Interlocutory Applications Costs Preliminary Issue Under R 418 Meaning of Published Words +4 more

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Parties

FERRIER HODGSON

First Plaintiff

MICHAEL PETER STIASSNY

Second Plaintiff

VINCENT ROSS SIEMER

First Defendant

PARAGON SERVICES LIMITED

Second Defendant

OGGI ADVERTISING LIMITED

Third Defendant

YAHOO! INC

Fourth Defendant

Procedural Posture

Breach of Contract and Defamation / Interlocutory Preliminary Issues and Interlocutory Applications

Legal Issues

  1. 1 Whether agreement dated 9 August 2001 was terminated (defendants' proposed preliminary issue)
  2. 2 Whether the published words are capable of bearing the defamatory meanings pleaded
  3. 3 Whether plaintiffs must produce hard copies of documents/publications relied on

Ratio Decidendi

The court dismissed the defendants' application to determine termination of the 2001 agreement as inappropriate for r 418 and for separate trial, ordered that the question whether the published words are capable of bearing the pleaded defamatory meanings be determined as a preliminary issue (making the orders sought in paras 2,3,4,5 and 7), refused to vary the interim injunction to allow reinstatement of the billboard because the defendant had breached the injunction and had not purged contempt (outstanding costs), and made timetable directions and a partial costs award to the plaintiffs (50%).

Court Disposition

Application partly allowed and partly dismissed

Orders

  • Defendants' application to have termination of 9 August 2001 agreement determined dismissed
  • Preliminary issue directed: determine whether the words complained of are capable of bearing the defamatory meanings pleaded (orders sought in paras 2,3,4,5 and 7 made)