Union official’s apology brings settlement

Press, 10 November 1983, Page 10

Union official’s apology brings settlement

A $lOO,OOO defamation action has been settled out of court following a public apology by a Meat Workers’ Union official to Leonard Fortune, an industrial mediator, of Christchurch. Counsel for all parties refused to disclose the amount of the settlement. Mr Justice Cook struck out by consent a claim by Mr Fortune for damages of $lOO,OOO against Roger Gladstone Middlemass, who was described in the statement of claim as president ofjhe West Coast Branch (North Island) of the New Zealand Meat Processors, Packers, Preservers, Freezing Works Trades Union. ■ Mr Middlemass, of Palmerston North, was cited as the first defendant and his union as the second defendant

According to the statement of claim the alleged defamation occurred at a meeting of the Oringi subbranch of the union in the Dannevirke Town Hall on March 22, 1983. Mr Middlemass, acting in

his capacity as president of the West Coast (North Island) branch of the union, made a speech, which contained the alleged defamation, to members of the union, reporters and others present. Reports of the speech were printed in the newspapers following a Press Association distribution of Mr Middlemass’s speech and were also broadcast on radio.

It was alleged that references to Mr Fortune in the speech were calculated to discredit him in his occupation as an industrial mediator and were defamatory of him. When the matter was called in the High Court at Christchurch yesterday, Mr G. K. Panckhurst, who appeared for Mr Fortune, applied to have the venue changed from Palmerston North and that was granted.

Mr P. H. B. Hall, for Mr Middlemass and the union, said that he was happy to

advise the Court that a settlement had been reached between the parties, the terms of which required him to read a statement in open court. At a meeting of the Oringi sub-branch of the New Zealand Meat Workers Union held in the Dannevirke Town Hall on March 22, 1983, Mr R. G. Middlemass, president of the West Coast Branch of the union, published remarks concerning Mr Leonard Fortune, Mr Hall said, reading the statement. Such remarks called in question Mr Fortune’s integrity and performance as a conciliator, and were subsequently accorded extensive media coverage. In July Mr Fortune filed a writ in the Palmerston North High Court for defamation. “Settlement has now been reached between the parties to that action. As part of the settlement the first defend-

ant, Mr Middlemass wishes to publicly record that he apologises unreservedly for the remarks he made concerning Mr Fortune. “Mr Middlemass acknowledges that there was no foundation in fact for his comments, and, accordingly, he withdraws all imputations conveyed by his remarks concerning Mr Fortune’s integrity and performance as an industrial conciliator,” the statement said.

He entirely regretted any embarrassment which Mr Fortune had been caused, as a consequence of his speech in Dannevirke and the reporting of it, the statement concluded. Mr Panckhurst moved that the action be dismissed. No order was required as to costs, he said.