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Cohen v McEvoy

Cohen v McEvoy

Case [2001] WASC 349 19 December 2001

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COHEN -v- McEVOY [2001] WASC 349

Link to Appeal :

[2003] WASCA 23

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASC 349
Case No:	CIV:1918/1999	Heard:	8 & 9 NOVEMBER 2001
Coram:	HASLUCK J	Delivered:	19/12/01
No of pages:	28	Judgment Part:	1 of 1
Result:	Judgment for the defendant
Category:	B
PDF Version

Parties:	BRUCE COHEN JUDY McEVOY
Catchwords:	Defamation Slander Words complained of spoken by councillor at informal council meeting Whether words spoken Meaning of words Whether words spoken on a privileged occasion Whether any need to prove special damage
Legislation:	Local Government Act 1995 (WA) Rules of the Supreme Court 1971 (WA), O 20 r 14(3)
Case References:	Adam v Ward [1917] AC 309 Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 Cock & Anor v Hughes & Ors [2001] WASC 151 Guise v Kouvelis (1947) 74 CLR 102 Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440 Horrocks v Lowe [1975] AC 135 Jones v Jones [1916] 2 AC 481 Jones v Skelton (1963) 1 WLR 1362 Lynch v Knight [1861] All ER 2344 Marks v Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia (WA Branch) (1995) 14 WAR 360 Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 53 ALJR 243 Parkins & Anor v Scott & Anor [1862] 1 H&C 153 Ronald v Harper (1910) 11 CLR 63 Sims v Wran [1984] 1 NSWLR 317 Slatyer v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1 Taylor v Jecks (1993) 10 WAR 309 Austin v Mirror Newspapers Ltd (1985) 3 NSWLR 354 Dale v Ingersole, unreported; SCt of WA (Franklyn J); Library No 8931; 28 June 1991 Edgar v Freeman [1915] VLR 16 Howe & McColough v Lees (1910) 11 CLR 361 Jones v Littler (1841) 7 M&W 423 Jones v Travaglione, unreported; SCt of WA (Steytler J); Library No 970632; 20 November 1997 Kiam v Neill [1996] EMLR (UK) 493 McKinnon v Dauphin [1996] 3 WWR 127 Merkoff v Pawluk [1931] 1 WWR 669 Ratcliffe v Evans [1892] 2 QB 524 Savidant v Day (1933) 5 MPR 554 Slipper v BBC [1991] 1 QB 283 Stuart v Bell (1891) 2 QB 341 Ward v McBride (1911) 24 OLR 555 Ward v Weeks (1830) 7 Bing 211 Watt v Longsdon [1930] 1 KB 130 Willman v Dooner 770 SW 2d 275 Winstanley v Bampton [1943] KB 319 Wolfenden v Giles (1892) BrColR 279

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : COHEN -v- McEVOY [2001] WASC 349 CORAM : HASLUCK J HEARD : 8 & 9 NOVEMBER 2001 DELIVERED : 19 DECEMBER 2001 FILE NO/S : CIV 1918 of 1999 BETWEEN : BRUCE COHEN

Plaintiff

AND

JUDY McEVOY

Defendant

Catchwords:

Defamation - Slander - Words complained of spoken by councillor at informal council meeting - Whether words spoken - Meaning of words - Whether words spoken on a privileged occasion - Whether any need to prove special damage

Legislation:

Local Government Act 1995…

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 Cohen v McEvoy

Details

AGLC: Cohen v McEvoy [2001] WASC 349
Case: [2001] WASC 349
Decision Date

CaseChat Overview and Summary

The case of Cohen v McEvoy [2001] WASC 349 involved a defamation claim brought by Bruce Cohen against Judy McEvoy, a councillor of the City of Perth, arising from comments allegedly made by McEvoy at a council briefing session. Cohen alleged that McEvoy had defamed him by stating that he had been evicted from his residence for not paying rent, which he claimed was false and defamatory. The court had to determine whether the words complained of were spoken, whether they were defamatory, and if so, whether the defence of qualified privilege applied. The court found that the words were spoken and were defamatory. However, the court held that the defence of qualified privilege was available to McEvoy as the words were spoken during a council briefing session, which was a privileged occasion. Therefore, Cohen's claim was dismissed.

Orders