Clarke v Larard

[2018] QDC 247

DISTRICT COURT OF QUEENSLAND

CITATION:

Clarke v Larard [2018] QDC 247

PARTIES:

Gerry Clarke
(plaintiff)

v

Ian Larard
(respondent)

FILE NO/S:

1404/17

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

4 December 2018

DELIVERED AT:

Brisbane

HEARING DATE:

26 November 2018

JUDGE:

Reid DCJ

ORDER:

1.   Judgment for the plaintiff in the sum of $12,840.

2.   The defendant be restrained from further false assertions about the events of 14 February 2017 in terms to be determined following further submission.

CATCHWORDS:

DEFAMATION – where the plaintiff and defendant are tenants at a suburban shopping centre – where the defendant sent an email to body corporate alleging the plaintiff harassed him – whether that publication of the email is defamatory – where the only defence pleaded was that the publication was not defamatory

DEFAMATION – DAMAGES – where the plaintiff sought general and aggravated damages – where no proof of actual harm to reputation – where general damages awarded to recognise personal distress and harm and so vindication to reputation – where circumstances also justified award aggravated damages – where injunction also ordered

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

Queensland Newspapers Pty Ltd v Palmer [2012] 2 Qd R 239

Bennette v Cohen [2005] 644 NSW LR 81

Cerutti & Anor v Crestside Pty Ltd & Anor [2014] QCA 33

Triggell v Pheeney (1951) 82 CLR 497

Costello & Abbott v Random House Pty Limited (1999) 137 ACTR1

Bristow v Adams [2012] NSWCA 166

Hallam v Ross(No 2) [2012] QSC 407

Douglas v McLernon (No. 4) [2016] WASC 320

COUNSEL:

R Anderson QC for the plaintiff
No appearance for the defendant

SOLICITORS:

Bennett & Philp Lawyers solicitors for the plaintiff
No appearance for the defendant

Introduction

1. On 14 February 2017 a minor altercation occurred between the plaintiff and the defendant at the Turner Park Shopping Village (Turner Park).  Both parties operated businesses at Turner Park.  There had been a history of dispute between the body corporate which managed Turner Park, the defendant and the plaintiff about signage erected to promote businesses at Turner Park.

1. On the same day the defendant sent an email to the committee of the body corporate of Turner Park and to North Coast Body Corporate Management Services which had been engaged by the committee to assist in carrying out its duties under the Body Corporate and Community Management Act 1997 for Turner Park.

1. The email sent by the defendant is said to be defamatory of the plaintiff.  He has sued the defendant claiming general compensatory damages in the sum of $150,000 and $100,000 for aggravated compensatory damages.  He also claims interest and an injunction to restrain the defendant from publishing further defamatory material.

1. The defendant failed to appear at the trial despite having filed a defence.  He was aware of the hearing.  Indeed, he had emailed my associate in the days before the trial indicating he would not appear.

Pleadings

1. The email was sent to John Walls, Tracey…