Edward Brewer Homes Pty Ltd v Home Builders Australia Pty Ltd

The case of Edward Brewer Homes Pty Ltd v Home Builders Australia Pty Ltd deals with an application to strike out a statement of claim in a defamation case. The plaintiff, Edward Brewer Homes Pty Ltd, sought to bring a defamation action against the defendant, Home Builders Australia Pty Ltd, alleging that defamatory statements were made about it. The defendant challenged the plaintiff's capacity to bring the defamation claim, arguing that under the Defamation Act 2005 (WA), Edward Brewer Homes Pty Ltd did not qualify as an "excluded corporation" and thus could not bring a defamation action. The court was tasked with determining whether the plaintiff was required to plead that it was an excluded corporation under the Act and if the absence of such a pleading would render the defamation claim invalid.

The primary legal issue before the court was whether the Defamation Act 2005 (WA) required a plaintiff corporation to plead that it is an "excluded corporation" under section 9(2) of the Act as an element of the cause of action in a defamation claim. The court had to interpret the statutory language of section 9(1) to ascertain the legislative intent. The plaintiff argued that section 9(1) provided a statutory defence that could be raised by the defendant, whereas the defendant contended that the plaintiff must affirmatively plead it was an excluded corporation. The court's interpretation of the statutory language and legislative intent was crucial in determining the validity of the plaintiff's claim.

The court held that section 9(1) of the Defamation Act 2005 (WA) established a general rule that a corporation cannot bring a defamation claim unless it qualifies as an excluded corporation. The court found that the legislative language indicated that a corporation has no cause of action for defamation unless it falls under the exception of being an excluded corporation. The court concluded that the plaintiff was not required to plead it was an excluded corporation, as the statutory provision itself precluded corporations from bringing a defamation claim unless they met the specific criteria. The absence of such a pleading did not invalidate the plaintiff's claim because the Act precluded the corporation from bringing the claim in the first instance.

The court dismissed the application to strike out the statement of claim, ruling that the plaintiff's failure to plead it was an excluded corporation did not affect the validity of its defamation claim under the Defamation Act 2005 (WA). The court's interpretation of the statutory language and legislative intent ensured that the plaintiff's claim could proceed, despite the statutory bar on corporations bringing defamation actions unless they qualified as excluded corporations.