TV3 joins Hawkesby scrap

By LOUISA CLEAVE

television editor

The fallout from Television New Zealand's sacking of John Hawkesby continued yesterday with TV3 filing a High Court claim seeking up to $4 million from the state broadcaster.

TV3 alleges TVNZ induced Hawkesby to breach his contract and take a job reading the 6 pm news with Judy Bailey.

Court papers outlining TV3's claim are expected to be served on TVNZ's lawyers today.

An arbitrator's ruling released this month showed that Hawkesby had a firm commitment to TVNZ the day he quit TV3 over plans to team him with Carol Hirschfeld.

TV3 is seeking between $1.5 million and $4 million from TVNZ for "interfering with the relationship" between Hawkesby and TV3.

Paul Dale, lawyer for TV3, said it had reserved its position on whether to take action against Hawkesby. "We have issued proceedings against TVNZ for inducing breach of contract and that's all we've done at the moment."

In the months after Hawkesby left TV3 the two parties reached an out-of-court settlement that stopped him appearing on television until the beginning of last year.

"We have a view about that. There was a settlement and we have raised the issue again with Mr Hawkesby's solicitors," said Mr Dale.

Details of the dealings between TV3, Hawkesby and TVNZ were outlined in the arbitration proceedings between the newsreader and TVNZ over his sacking.

Sir David Tompkins, QC, ordered TVNZ to pay Hawkesby compensation of $5.25 million, plus interest.

TVNZ is appealing against the finding and has said it will vigorously defend the current legal challenge by TV3.

Mr Dale said the finding could not be used as evidence in TV3's case, but it had provided information about Hawkesby's TVNZ contract that "we always suspected but could never prove."

Sir David found that early in January 1998 Hawkesby was told by TV3 he would be teamed with Hirschfeld, and soon after TVNZ called to suggest he should join Judy Bailey on TV One.

A month of discussions between Hawkesby and TVNZ executives produced "a firm commitment" on February 12.

The same day, Hawkesby cancelled his contract with TV3 and the network began legal proceedings to stop the newsreader working on free-to-air television until January 31, 2003.

A settlement, which also involved TVNZ, was reached late that July which stopped Hawkesby appearing on television until the new year.

TVNZ paid Hawkesby $320,000 in lost income during the period he could not work and covered his legal costs.