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[2018] Qsc 201 SUPREME COURT OF QUEENSLAND CITATION: Wagner & Ors v Harbour Radio Pty Ltd & Ors [2018] QSC 201 PARTIES: DENIS WAGNER (first plaintiff) JOHN WAGNER (second plaintiff) NEILL WAGNER (third plaintiff) JOE WAGNER (fourth plaintiff) v HARBOUR RADIO PTY LTD (ACN 010 853 317) (first defendant) ALAN BELFORD JONES (second defendant) RADIO 4BC BRISBANE PTY LTD (ACN 009 662 784) (third defendant) NICHOLAS CHARLES CATER (fourth defendant) FILE NO/S: No 10830 of 2015 DIVISION: Trial PROCEEDING: Trial ORIGINATING Supreme Court at Brisbane COURT: DELIVERED ON: 12 September 2018 DELIVERED AT: Brisbane HEARING DATES: 30 April-4 May, 8-11 May, 14-15 May, 17-18 May, 21-25 May, 28- 30 May, 13-14 June 2018. Further written submissions 15 June 2018. JUDGE: Flanagan J ORDERS: (a) First Plaintiff As against the first defendant and second defendant 1. It is ordered that the first and second defendants pay to the first plaintiff damages for defamation in the sum of $750,000 plus interest in the amount of $78,102.74 for the publications pleaded at paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 2 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018. As against the second defendant and the third defendant 2. It is ordered that the second defendant and the third defendant pay to the first plaintiff damages for defamation in the sum of $100,000 plus interest in the amount of $10,643.84 for the publications pleaded at paragraphs 22 and 26 of the second further amended statement of claim filed on 30 April 2018. Injunction 3. The first defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published: (a) any of the 27 matters complained of in paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations. 4. The second defendant is permanently restrained, by himself and/or his servants or agents, from publishing or causing to be published: (a) any of the 29 matters complained of in paragraphs 10, 13, 16, 22, 26, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations. 5. The third defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published: 3 (a) any of the 2 matters complained of in paragraphs 22 and 26 of the amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations. (b) Second Plaintiff As against the first defendant and second defendant 6. It is ordered that the first and second defendants pay to the second plaintiff damages for defamation in the sum of $750,000 plus interest in the amount of $78,102.74 for the publications pleaded at paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018. As against the second defendant and the third defendant 7. It is ordered that the second defendant and the third defendant pay to the second plaintiff damages for defamation in the sum of $100,000 plus interest in the amount of $10,643.84 for the publications pleaded at paragraphs 22 and 26 of the second further amended statement of claim filed on 30 April 2018. Injunction 8. The first defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published: (a) any of the 27 matters complained of in paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the second plaintiff, or any imputation that does not differ in substance to any of those imputations. 9. The second defendant is permanently restrained, by himself 4 and/or his servants or agents, from publishing or causing to be published: (a) any of the 29 matters complained of in paragraphs 10, 13, 16, 22, 26, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the second plaintiff, or any imputation that does not differ in substance to any of those imputations. 10. The third defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published: (a) any of the 2 matters complained of in paragraphs 22 and 26 of the amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the second plaintiff, or any imputation that does not differ in substance to any of those imputations. (c) Third Plaintiff As against the first defendant and second defendant 11. It is ordered that the first and second defendants pay to the third plaintiff damages for defamation in the sum of $750,000 plus interest in the amount of $78,102.74 for the publications pleaded at paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018. As against the second defendant and the third defendant 12. It is ordered that the second defendant and the third defendant pay to the third plaintiff damages for defamation in the sum of $100,000 plus interest in the amount of $10,643.84 for the publications pleaded at paragraphs 22 and 26 of the second further amended statement of claim filed on 30 April 2018. 5 Injunction 13. The first defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published: (a) any of the 27 matters complained of in paragraphs 10, 13, 16, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the third plaintiff, or any imputation that does not differ in substance to any of those imputations. 14. The second defendant is permanently restrained, by himself and/or his servants or agents, from publishing or causing to be published: (a) any of the 29 matters complained of in paragraphs 10, 13, 16, 22, 26, 29, 32, 35, 38, 41, 50, 53, 56, 58, 61, 66, 69, 72, 78, 84, 87, 89, 93, 95, 97, 101, 103, 106 and 109 of the second further amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the third plaintiff, or any imputation that does not differ in substance to any of those imputations. 15. The third defendant is permanently restrained, by itself and/or its servants or agents, from publishing or causing to be published: (a) any of the 2 matters complained of in paragraphs 22 and 26 of the amended statement of claim filed on 30 April 2018 in these proceedings or matters substantially to the same effect as those matters complained of; and (b) any of the imputations in Attachment 35 to these Reasons of and concerning the third plaintiff, or any imputation that does not differ in substance to any of those imputations.
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