The latest development in Network 10’s case against former employee Peter Van Onselen has seen the Network’s previous political editor lose the contract breach lawsuit over a column he wrote in The Australian.
In Van Onslen’s May 29 column, he wrote that “Channel 10 has long been the minnow of Australian commercial television,” leading the broadcaster to argue that he broke his agreement with the company.
In his judgment, New South Wales supreme court justice David Hammerschlag said on Friday that “One of the clear implications … is that Dr Van Onselen took up the position because 10’s future looked bright, but he ‘walked away’ from it because this turned out not to be the case.
“To my mind, this is a disparaging comment in the context of Dr Van Onselen’s employment and its termination.
“This type of disparagement can self-evidently undermine the confidence of investors or potential investors in 10. That is not a trivial or insignificant matter.”
Despite the judgement, Hammerschlag denied the request from 10 for a permanent ban on Van Onselen making any ‘disparaging’ comments about 10 or Paramount.
“I am persuaded that the article is a one-off mistake,” he said.
“The making of a declaration is, in the particular circumstances of this case, sufficient assuagement for 10 of its grievance.
“There is no realistic risk or possibility that Dr Van Onselen will, in the light of my findings, breach it again.”
Network 10’s barrister Arthur Moses SC had previously argued for the permanent ban, telling the court that “This is not an even-tempered individual, he has a megaphone and he thinks he can use it”.
Moses brought up a letter that Peter Van Onselen allegedly sent 10’s legal team in May, which read “I put Network 10 on notice that by your actions you are harassing a former employee in a concerted campaign to silence them.
“I also reserve my rights as a whistleblower to instigate a public campaign to out such corporate bad behaviour if this harassment continues.”
Network 10 now has until July 21 to submit a claim for damages, but has not done so so far.