Cristian v Bottrill

Case [2016] ACTSC 315


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Cristian v Bottrill

Citation:

[2016] ACTSC 315

Hearing Date:

13 October 2016

DecisionDate:

13 October 2016

Before:

Refshauge ACJ

Decision:

The application for leave to appeal be dismissed.

Catchwords:

APPEAL – ADMINISTRATIVE TRIBUNAL DECISION – Appeal from ACT Civil and Administrative Tribunal – defamation – publishing content on the Internet – damages – prohibitory injunction – impecunious applicant an irrelevant factor – no arguable error – appeal dismissed

Legislation Cited:

ACT Civil and Administrative Tribunal Act 2008 (ACT), ss 79, 86(3)

Cases Cited:

Alexander v Cambridge Credit Corporation (1985) 2 NSWLR 685

Bottrill v Cristian [2016] ACAT 7

Bushby v Munday (1821) 5 Madd 297;  56 ER 908

Cristian v Bottrill [2016] ACAT 104

CSR Ltd v Cigna Insurance Australia Limited (1997) 189 CLR 345

Ezekial-Hart v Law Society of the Australian Capital Territory (No 2) [2012] ACTSC 135

Giusida Pty Ltd v The Commissioner for ACT Revenue [2016] ACTSC 275

Lee v Wilson (1934) 51 CLR 276

Livingston v Rawyards Coal Co (1880) 5 App Cas 25

Maher v Carpenter (2012) 7 ACTLR 21

Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327

Ryan v Ross (1916) 22 CLR 1

Samani v The Queen [2016] ACTCA 48

Scott v Secretary, Department of Social Security (No 2) [2000] FCA 1450

Vizetelly v Mudie’s Select Library Ltd [1900] 2 QB 170

Texts Cited:

Peter Cane, Administrative Tribunals Adjudication (Hart Publishing, 2010)

Patrick George, Defamation Law in Australia (LexisNexis Butterworths, 2nd ed, 2012)

David Rolph, Defamation Law (Law Book Co, 2016)

Peter Young, Clyde Croft and Megan Smith, On Equity (Law Book Co, 2009)

Parties:

Fiona Cristian (Applicant)

David Bottrill (Respondent)

Representation: 

Solicitors

Self represented (Applicant)

Self represented (Respondent)

File Number:

SCA 67 of 2016

Decision under appeal: 

Court/Tribunal:             ACT Civil and Administrative Tribunal

Before:  President L Crebbin

  Senior Member B Meagher SC

Date of Decision:         12 September 2016

Case Title:  Cristian v Bottrill

Citation: [2016] ACAT 104

REFSHAUGE ACJ

  1. Fiona Caroline Cristian, the applicant, was sued in the ACT Civil and Administrative Tribunal (the ACAT) by David Bottrill, the respondent, for defamatory statements said to have been published on an internet website conducted by Ms Cristian.  The ACAT held that Mr Bottrill had been defamed and awarded him $10 000 in damages and made an order for costs in the sum of $130.00: Bottrill v Cristian [2016] ACAT 7.

  1. Ms Cristian appealed under s 79 of the ACT Civil and Administrative Tribunal Act 2008 (ACT), that is an appeal within the ACAT. That appeal was heard by President L Crebbin and Senior Member B Meagher SC and, on 12 September 2016, the appeal was dismissed: Cristian v Bottrill [2016] ACAT 104.

  1. On 23 September 2016, Ms Cristian commenced proceedings in this Court. She initially sought leave to appeal. Such leave is required under s 86(3) of the ACT Civil and Administrative Tribunal Act. She also sought what she described as a “prohibitive injunction” staying the decision of…

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Cristian v Bottrill [2016] ACTSC 315
Case
[2016] ACTSC 315
Decision Date

CaseChat Overview and Summary

Cristian, the plaintiff, appealed against a decision of the ACT Civil and Administrative Tribunal, which was concerned with an action for defamation against Bottrill, the defendant. The tribunal had found Bottrill liable for defamation based on the publication of content on the Internet and awarded damages to Cristian. Bottrill sought a prohibitory injunction against Cristian, which was not granted. Cristian appealed on the grounds that the tribunal had not considered his impecuniosity, and that the tribunal had made an arguable error in its findings.

The legal issues before the court were whether the tribunal had erred in failing to consider Cristian's financial position, and whether the tribunal had made an arguable error in its findings. The court considered the first issue and found that the tribunal had not made an error in failing to consider Cristian's impecuniosity. The court noted that the tribunal had made a finding of liability on the basis of defamation, and that the issue of damages was a separate matter that could be considered at a later stage. The court found that the tribunal had not made an arguable error in its findings, and that there was no basis for the appeal.

The court dismissed the appeal, finding that there was no arguable error in the tribunal's decision. The court noted that the tribunal had considered the evidence and made findings based on that evidence, and that there was no basis for the appeal. The court also noted that the issue of Cristian's impecuniosity was not relevant to the question of liability for defamation. The court found that the appeal was without merit and dismissed the application for leave to appeal.

Orders

Orders of the court

The application for leave to appeal be dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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