19 Dec 2006
OSMOSE NEW ZEALAND V WAKELING AND ANOR HC AK CIV-2005-404-7195
- Citation
- openlaw-733a55cd_073e_485c_a553_7ae1d2310ca8.pdf
- Court
- High Court
Strike out granted: third party notices and statements of claim against TVNZ, RNZ, APN and Fairfax must be struck out because (1) the publishers would be entitled to succeed on qualified privilege if sued and there is no arguable evidence of malice to defeat that defence; (2) defendants have no evidential basis to establish agency or vicarious liability by the broadcasters; and (3) APN and Fairfax cannot be joined for contribution as they are not arguably liable for the 'same damage' under s17 Law Reform Act 1936 given the separable nature and practical indivisibility of harm from original br…