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Byrne v TWADDLE

Byrne v TWADDLE

Case [2001] WASC 325 27 November 2001

Jurisdiction

Standing

Limitation Periods

Admissibility of Evidence

Breach of Contract

Defamation

Aggravated & Exemplary Damages

Civil Litigation & Procedure

Defamation

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BYRNE -v- TWADDLE & ANOR [2001] WASC 325

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASC 325
Case No:	CIV:1506/2001	Heard:	8 NOVEMBER 2001
Coram:	ANDERSON J	Delivered:	27/11/01
No of pages:	13	Judgment Part:	1 of 1
Result:	Application allowed in part
Category:	A
PDF Version

Parties:	CATHERINE JOAN BYRNE BRIAN FERRALL TWADDLE SANDRA SALTER
Catchwords:	Practice and procedure Pleading Strike-out application Defamation Exemplary and aggravated damages Sufficiency of pleadings Adequacy of particulars Plea of malice and good reputation in statement of claim Propriety of including these pleas in statement of claim
Legislation:	Supreme Court Rules, O 20 r 19(3)
Case References:	Coloca v BP Australia Ltd [1992] 2 VR 441 Egger v Viscount Chelmsford [1965] 1 QB 248 Hall v Eve [1876] 4 Ch D 341 Sungravure Pty Ltd v Middle East Airlines Airliban SAL (1975) 134 CLR 1 Whitfield v De Lauret & Co Ltd (1920) 29 CLR 71 Australian Consolidated Press Ltd v Uren (1966) 117 CLR 185 Barclay v Cox [1968] VR 664 Bristile Ltd v The Buddhist Society of Western Australia Inc (2000) A Tort Rep 81-548 Bruce v Odhams Press Ltd [1936] 1 KB 697 Cock v Hughes [2001] WASC 24 Coyne v West Australian Newspapers Limited (No 1) (1996) 15 WAR 51 Gardiner v Ray [1999] WASC 140 Jones v Skelton [1963] 1 WLR 1362 Knowles v Roberts (1888) 38 Ch D 263 Lewis v Daily Telegraph Ltd [1964] AC 234 Loughans v Odhams Press Ltd [1963] 1 QB 299 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Monte v Mirror Newspapers Limited [1979] 2 NSWLR 663 Oracle International Pty Ltd v West Australian Newspapers Ltd, unreported; SCt of WA; Library No 970696; 11 December 1997 Rob Hodgson (Trading) Pty Ltd v Belvedere Motors (Hurtsville) Pty Ltd [1971] 1 NSWLR 472 Roberts v Camden (1807) 9 East 93 Ronci v Nationwide News Pty Ltd, unreported; SCt of WA; Library No 960340; 21 June 1996 Singleton v French (1986) 5 NSWLR 425 Smith v Littlemore (1996) 15 WAR 289 Taylor v Jecks (1993) 10 WAR 309 Turner v Bulletin Newspaper Co Pty Ltd (1974) 131 CLR 69 Uren v John Fairfax & Sons Ltd (1966) 117 CLR 118

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : BYRNE -v- TWADDLE & ANOR [2001] WASC 325 CORAM : ANDERSON J HEARD : 8 NOVEMBER 2001 DELIVERED : 27 NOVEMBER 2001 FILE NO/S : CIV 1506 of 2001 BETWEEN : CATHERINE JOAN BYRNE

Plaintiff

AND

BRIAN FERRALL TWADDLE

First Defendant

SANDRA SALTER

Second Defendant

Catchwords:

Practice and procedure - Pleading - Strike-out application - Defamation - Exemplary and aggravated damages - Sufficiency of pleadings - Adequacy of particulars - Plea of malice and good reputation in statement of claim - Propriety of including these pleas in statement of claim

Legislation:

Supreme Court Rules, O 20 r 19(3)

Result:

Application allowed in part

(Page 2)

Category: A

Representation:

Counsel:

Plaintiff : Ms P E Cahill

First Defendant : Mr M…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Byrne v TWADDLE

Details

AGLC: Byrne v TWADDLE [2001] WASC 325
Case: [2001] WASC 325
Decision Date

CaseChat Overview and Summary

In Byrne v Twaddle, the plaintiff, Catherine Byrne, filed a defamation lawsuit against Brian Twaddle and Sandra Salter. The defendants moved to strike out several paragraphs of the plaintiff's statement of claim, arguing that they were unnecessary or insufficient. The court allowed the application in part, striking out certain paragraphs while allowing others to stand. The court found that the plaintiff's pleadings of her prior good reputation were immaterial and not necessary to state a cause of action for defamation. The court also found that some of the innuendoes pleaded by the plaintiff were unclear or redundant, and struck them out accordingly. However, the court declined to strike out other paragraphs that related to the defendants' vicarious liability or the plaintiff's claim for exemplary damages. The court held that the plaintiff's claim for exemplary damages could only be supported by allegations of malice or fraud on the part of the defendants, and that the particulars provided in the statement of claim were insufficient to meet this burden. The court ordered the plaintiff to replead her claim for exemplary damages, with separate particulars that did not incorporate other paragraphs by reference.

Orders