Pugney and Another v Engler and Another (8618/08) [2013] ZAWCHC 149 (29 April 2013)

Pugney and Another v Engler and Another (8618/08) [2013] ZAWCHC 149 (29 April 2013)

The court found that the statements published in FHM magazine were objectively defamatory and belittling to the first plaintiff, who was recognisable and identifiable in his character as Puddles the Clown. The defence of jest was rejected, as the publication crossed the line from legitimate humour to degrading ridicule, and the defendants foresaw the likelihood of humiliation but proceeded regardless. The defendants failed to establish that they were licensees of Masterfile or that a contractual link existed entitling them to rely on the waiver signed by the plaintiff. The waiver was unambiguous and intended to operate only in favour of Masterfile and its licensees, not indeterminate...

Citation
[2013] ZAWCHC 149
Parties
Plaintiff: Norman Wallace Pudney; Plaintiff: WW Action Entertainment; Defendant: Hagen Engler; Defendant: Uppercase Media (Proprietary) Limited
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 April 2013
Case Number
8618/08
Procedural Posture
Civil Trial / Final Judgment After Trial
Outcome
Plaintiff's claim for damages against both defendants succeeds; second plaintiff's claim dismissed with costs.
Judges
Ndita
Legal Topics
Defamation, Actio Iniuriarum, Waiver of Rights, Identifiability in Defamation, Quantification of Damages
Delict Civil Procedure Defamation Actio Iniuriarum Waiver of Rights Identifiability in Defamation Quantification of Damages

Case Brief

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Parties

Norman Wallace Pudney

Plaintiff

WW Action Entertainment

Plaintiff

Hagen Engler

Defendant

Uppercase Media (Proprietary) Limited

Defendant

Procedural Posture

Civil Trial / Final Judgment After Trial

Legal Issues

  1. 1 Whether the publication in FHM magazine was defamatory of the first plaintiff.
  2. 2 Whether the defamatory statements could be understood to refer to the first plaintiff.
  3. 3 Whether the defence of jest excludes liability for defamation in this context.

Ratio Decidendi

The court found that the statements published in FHM magazine were objectively defamatory and belittling to the first plaintiff, who was recognisable and identifiable in his character as Puddles the Clown. The defence of jest was rejected, as the publication crossed the line from legitimate humour to degrading ridicule, and the defendants foresaw the likelihood of humiliation but proceeded regardless. The defendants failed to establish that they were licensees of Masterfile or that a contractual link existed entitling them to rely on the waiver signed by the plaintiff. The waiver was unambiguous and intended to operate only in favour of Masterfile and its licensees, not indeterminate...

Court Disposition

Plaintiff's claim for damages against both defendants succeeds; second plaintiff's claim dismissed with costs.

Orders

  • The defendants are ordered to pay damages to the first plaintiff in the amount of R60,000 jointly and severally, the one to pay the other to be absolved.
  • The defendants are ordered to pay costs of suit on the High Court scale jointly and severally, the one to pay the other to be absolved.