Bristile Ltd v The Buddhist Society of Western Australia Inc

Case

[1999] WASC 259


Details
AGLC Case Decision Date
Bristile Ltd v The Buddhist Society of Western Australia Inc [1999] WASC 259 [1999] WASC 259

CaseChat Overview and Summary

The Supreme Court of Western Australia heard three applications in defamation proceedings. Bristile, a brick and tile manufacturer, sued The Buddhist Society and iiNet, an Internet service provider, for defamation over web-published letters. The Buddhist Society argued that the letters were true and privileged, while iiNet argued that the claim was embarrassing and disclosed no reasonable cause of action. Bristile sought to strike out parts of The Buddhist Society's defence. The court dismissed the Buddhist Society's and iiNet's applications, finding that the pleaded facts arguably supported claims for exemplary and aggravated damages. The court allowed Bristile's application, striking out parts of The Buddhist Society's defence as it failed to adequately plead the defence of qualified privilege and included non-defamatory alternative meanings.
Details

Areas of Law

  • Defamation Law

  • Civil Litigation & Procedure

Legal Concepts

  • Defamation

  • Qualified Privilege

  • Jurisdiction

  • Aggravated Damages

  • Exemplary Damages

  • Abuse of Process

  • Issue Estoppel

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

14

Macquarie Bank Limited v Berg [2002] NSWSC 1110
Cock v Hughes [2002] WASC 263
Cases Cited

29

Statutory Material Cited

0

Gardiner v Ray [1999] WASC 140