Defamation claim settlement

Press, 31 March 1983, Page 9

Defamation claim settlement

PA Dunedin Defamation actions brought against the publishers of the “Otago Daily Times” by two television journalists have now been discontinued, the matters having been settled out of court Parties to the case, George William Burck, a programme editor, and Peter John Cruickshank, a senior journalist as the plaintiffs, and Allied Press, Ltd, the defendant agreed that the terms of the settlement should not be disclosed. Following last week’s discharge of the jury after a three-day hearing, Mr Justice Hardie Boys adjourned the matter until yesterday for consideration of legal questions. When the case was called in the High Court at Dunedin yesterday morning, counsel for the parties informed his Honour that the matter had been settled out of court and terms of settlement had been agreed on by the parties involved. The claims arose from a article published in the “Otago Daily Times” on March 28, 1981, when the columnist, Civis, was extremely critical of a televised film item in a local news programme showing a ferret catching a rabbit. It was alleged by the plaintiffs that certain re-

marks in the column were directed at them and were defamatory of them, and each plaintiff claimed $6OOO from Allied Press. The jury which heard the case was unable to reach a unanimous verdict, and was then asked by his Honour to try to reach a majority verdict It was pointed out to them that the necessary majority had to be at least a three-quarter majority. However, the jury failed to reach that majority when assessing damages, and the whole matter was adjourned by his Honour for consideration of the legal questions involved. His Honour expressed the hope that the parties might be able to reach agreement before yesterday’s hearing. Plaintiffs in the matter were represented by Mr M. R. D. Guest, and the defendant company by Mr H. N. Haggitt.