Clover Bond Pty Ltd as Trustee for the Cool Clear Water Unit Trust v Carroll

Clover Bond Pty Ltd as Trustee for the Cool Clear Water Unit Trust sued Timothy Bruce Carroll for defamation. Carroll was a rival business operator and the plaintiff alleged that he had made disparaging comments about the plaintiff's business to Tim Parker, the accounts administrator of Service Finance Corporation Ltd. The plaintiff sought damages and an injunction. The first issue for the court was whether the words alleged to have been spoken by Carroll were in fact spoken. The court accepted the evidence of Mr Parker over Carroll's evidence. The court found that the words complained of were in fact spoken. The second issue was whether the pleaded imputations arose from the words spoken. The court was satisfied that the pleaded imputations arose from the words spoken. The third issue was whether the words spoken were defamatory. The court found that the words were defamatory. The fourth issue was whether the publication of the words occurred on an occasion of qualified privilege. The court found that the defendant had not acted honestly and that the occasion was not privileged. The fifth issue was whether the plaintiff was entitled to damages and if so in what amount. The court awarded $5,000 in damages. The court did not grant an injunction as there was no evidence that the defendant was likely to speak of the plaintiff in the same or similar words in the future.