ELLIOTT -v- WEST AUSTRALIAN NEWSPAPERS LTD [2007] WASC 149
| Link to Appeal : |
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2007] WASC 149 | |
| Case No: | CIV:1253/2006 | 16 MAY 2007 | |
| Coram: | NEWNES J | 13/07/07 | |
| 19 | Judgment Part: | 1 of 1 | |
| Result: | "Polly Peck" plea in defence struck out | ||
| B | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
WEST AUSTRALIAN NEWSPAPERS LTD (ACN 008 667 632)
Defendant
Catchwords:
Defamation - Application to strike out "Polly Peck" plea in defence - Principles applicable to "Polly Peck" defence - Imputations of guilt of certain conduct pleaded by plaintiff - Whether defendant can plead and seek to justify meanings that plaintiff was suspected or suspected on reasonable grounds of that conduct - Turns on own facts
Legislation:
Nil
Result:
"Polly Peck" plea in defence struck out
(Page 2)
Category: B
Representation:
Counsel:
Plaintiff : Mr W T Houghton QC & Mr J D MacLaurin
Defendant : Mr K J Martin QC
Solicitors:
Plaintiff : Marks & Sands
Defendant : Edwards Wallace
Case(s) referred to in judgment(s):
Advertiser-News Weekend Publishing Co Ltd v Manock [2005] SASC 82
Betfair Ltd v Nason [2006] ACTSC 111
Caccavo v Daft [2006] TASSC 36
Chakravarti v…
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- Case
- [2007] WASC 149
- Decision Date
CaseChat Overview and Summary
The central legal issue the court had to address was whether the defendants could plead and seek to justify meanings that the plaintiff was suspected or suspected on reasonable grounds of the conduct in question. This turned on the specific facts of the case and the principles governing the "Polly Peck" defence. The court had to determine whether the defence was appropriate and whether it should be struck out.
The court found that the "Polly Peck" defence was not applicable in this instance. The court reasoned that the defence, which involves an imputation of suspicion or suspicion on reasonable grounds, is not a valid defence in defamation cases unless the plaintiff can prove actual malice. The court held that the defendants could not rely on the "Polly Peck" defence without first proving actual malice. Consequently, the plea in defence was struck out.
The final order of the court was that the "Polly Peck" plea in defence presented by the defendants was to be struck out, and the case would proceed without this defence.
Orders
Orders of the court
"Polly Peck" plea in defence struck out
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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