Armstrong v McIntosh [No 4]

Case [2020] WASC 31


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   ARMSTRONG -v- MCINTOSH [No 4] [2020] WASC 31

CORAM:   LE MIERE J

HEARD:   11 ‑ 15, 18 & 20 NOVEMBER 2019

DELIVERED          :   7 FEBRUARY 2020

FILE NO/S:   CIV 1120 of 2018

BETWEEN:   PAUL ANDREW ARMSTRONG

Plaintiff

AND

GREGORY MCINTOSH

Defendant


Catchwords:

Defamation - Publication made by way of text messages - Identification - Meaning - Single Meaning Rule - Defamatory meaning - Threshold of seriousness - The Thornton principle

Defences - Triviality - Defamation Act 2005 (WA) s 33 - Turns on own facts

Abuse of process - Inherent common law power - Whether proceedings were commenced for an improper purpose - Turns on own facts

Damages - Damages where extent of publication narrow - Aggravated damages - Conduct which is improper, unjustifiable or lacks bona fides - Turns on own facts

Legislation:

Defamation Act 2005 (WA)

Result:

Judgment for the plaintiff

Category:    B

Representation:

Counsel:

Plaintiff : Mr M C Goldblatt
Defendant : Mr N D C Dillon

Solicitors:

Plaintiff : Carmel Galati
Defendant : Hager Grubb & Partners Lawyers

Case(s) referred to in decision(s):

Andrews v John Fairfax & Sons Ltd [1980] 2 NSWLR 225

Armstrong v McIntosh [2018] WASC 364

Armstrong v McIntosh [No 2] [2019] WASC 379

Barrow v Bolt [2015] VSCA 107

Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256

Broome v Cassell & Co Ltd [1972] AC 1027

Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44

Chappell v Mirror Newspapers Ltd (1984) Aust Torts Reports 80‑691

Clark v Ainsworth (1996) 40 NSWLR 463

Crawford Adjusters Ltd v Sagicor Insurance Ltd [2014] AC 366

David Syme v Canavan (1918) 25 CLR 234

Dingle v Associated Newspapers Ltd [1961] 2 QB 162

Dowling v Colonial Mutual Assurance Society (1915) 20 CLR 509

Gacic v John Fairfax Publications Pty Ltd (2006) 66 NSWLR 675

Grainger v Hill (1838) 132 ER 769

Greek Herald Pty Ltd v Nikolopoulos (2002) 54 NSWLR 165

Jameel (Yousef) v Dow Jones & Co Inc [2005] QB 946

Jeynes v News Magazines Ltd [2008] All ER (D) 285

Jones v Sutton (2004) 61 NSWLR 614

King v Henderson [1898] AC 720

La Gleaner Co Ltd v Abrahams [2004] 1 AC 628

Lachaux v Independent Print Ltd [2019] 4 All ER 485

Lesses v Maras (2017) 128 SASR 292

Moti v The Queen (2011) 245 CLR 456

Nationwide News Pty Ltd v Warton [2002] NSWCA 377

Perkins v New South Wales Aboriginal Land Council (Unreported, NSWSC, BC 9708048, 15 August 1997)

PNJ v The Queen (2009) 252 ALR 612

Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460

Ratcliffe v Evans [1892] 2 QB 524

Reader's Digest Services Proprietary Limited v Lamb (1982) 150 CLR 500

Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327

Rogers v The Queen (1994) 181 CLR 251

Rookes v Barnard [1964] AC 1129

Rufus v Elliott [2015] All ER (D) 244

Sim v Stretch…

Continue reading Armstrong v McIntosh [No 4]

Sign in free to access the full text

Details
AGLC
Armstrong v McIntosh [No 4] [2020] WASC 31
Case
[2020] WASC 31
Decision Date

CaseChat Overview and Summary

In Armstrong v McIntosh, the plaintiff, Mr Armstrong, brought an action against the defendant, Ms McIntosh, for defamation arising from text messages sent by Ms McIntosh to a small group of people. The messages contained allegations that Mr Armstrong had engaged in sexual misconduct. The case was heard in the Supreme Court of Western Australia. The central legal issues were whether the text messages were defamatory, the threshold of seriousness, available defences, and the appropriate quantum of damages.

The court considered the single meaning rule and whether the text messages conveyed a defamatory meaning. It was established that the messages were understood by the recipients to imply that Mr Armstrong had engaged in sexual misconduct. The court then assessed the seriousness of the allegations and concluded that the threshold of seriousness was met. Regarding defences, the court found that triviality was not applicable as the messages had a significant impact on Mr Armstrong's reputation. The court also dismissed the argument of abuse of process, finding that the proceedings were not commenced for an improper purpose. In terms of damages, the court awarded compensation for the extent of the publication and determined that aggravated damages were appropriate due to Ms McIntosh's improper, unjustifiable, and lacking bona fides conduct.

Ultimately, the court ruled in favour of Mr Armstrong, awarding damages for defamation and aggravated damages. The specific amounts were determined to be appropriate given the facts of the case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.