Elliott v West Australian Newspapers Ltd

Link copied
Case Copied 17 min read

ELLIOTT -v- WEST AUSTRALIAN NEWSPAPERS LTD [2006] WASC 222



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASC 222
Case No:CIV:1253/200629 AUGUST 2006
Coram:MASTER NEWNES29/09/06
12Judgment Part:1 of 1
Result: Application dismissed
B
PDF Version
Parties:HERBERT JAMES ELLIOTT
WEST AUSTRALIAN NEWSPAPERS LTD (ACN 008 667 632)

Catchwords:

Defamation
Application to strike out pleaded imputations
Whether imputations capable of being conveyed
Whether embarrassing
Relevant principles
Turns on own facts

Legislation:

Nil

Case References:

Buckeridge v Walter [2006] WASCA 22
Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519
Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Favell v Queensland Newspapers Pty Ltd [2005] HCA 52
Gumina v Williams (No 1) (1990) 3 WAR 342
Hill v Westfield [2003] NSWSC 437
Jones v Skelton [1963] 1 WLR 1362
Lewis v Daily Telegraph Ltd [1964] AC 234
Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663
Random House Australia Pty Ltd v Abbott (1999) 167 ALR 224
Taylor v Jecks (1993) 10 WAR 309

Bond v West Australian Newspapers Ltd [2004] WASC 181
Hepburn v TCN Channel Nine Pty Ltd [1984] 1 NSWLR 386
Llewellyn v Nine Network Australia Pty Ltd [2006] FCA 836
Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293
Purcell v Cruising Yacht Club of Australia Pty Ltd [2003] NSWSC 245
Roberman v Australian Broadcasting Corporation [2002] WASC 301
Robinson v Quinlivan [2005] WASC 196
Sungravure Pty Ltd v Middle East Airlines Airliban SAL (1975) 134 CLR 1

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : ELLIOTT -v- WEST AUSTRALIAN NEWSPAPERS LTD [2006] WASC 222 CORAM : MASTER NEWNES HEARD : 29 AUGUST 2006 DELIVERED : 29 SEPTEMBER 2006 FILE NO/S : CIV 1253 of 2006 BETWEEN : HERBERT JAMES ELLIOTT
    Plaintiff

    AND

    WEST AUSTRALIAN NEWSPAPERS LTD (ACN 008 667 632)
    Defendant

Catchwords:

Defamation - Application to strike out pleaded imputations - Whether imputations capable of being conveyed - Whether embarrassing - Relevant principles - Turns on own facts

Legislation:

Nil

Result:

Application dismissed


(Page 2)



Category: B

Representation:

Counsel:


    Plaintiff : Mr J D MacLaurin
    Defendant : Mr K J Martin QC

Solicitors:

    Plaintiff : Marks & Sands
    Defendant : Edwards Wallace



Case(s) referred to in judgment(s):

Buckeridge v Walter [2006] WASCA 22
Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519
Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Favell v Queensland Newspapers Pty Ltd [2005] HCA 52
Gumina v Williams (No 1) (1990) 3 WAR 342
Hill v Westfield [2003] NSWSC 437
Jones v Skelton [1963] 1 WLR 1362
Lewis v Daily Telegraph Ltd [1964] AC 234
Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663
Random House Australia Pty Ltd v Abbott (1999) 167 ALR 224
Taylor v Jecks (1993) 10 WAR 309

Case(s) also cited:



Bond v West Australian Newspapers Ltd [2004] WASC 181
Hepburn v TCN Channel Nine Pty Ltd [1984] 1 NSWLR 386
Llewellyn v Nine Network Australia Pty…
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Elliott v West Australian Newspapers Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2006] WASC 222
Decision Date

CaseChat Overview and Summary

The case of Elliott v West Australian Newspapers Ltd, heard by Master Newnes in the Supreme Court of Western Australia, involved a defamation claim brought by Herbert James Elliott against West Australian Newspapers Ltd. The defendant sought to strike out the defamatory imputations pleaded by the plaintiff in the statement of claim, arguing that they were not capable of being conveyed by the words complained of or were embarrassing. The plaintiff alleged that the defendant's article implied that he had dishonestly and illegally profited from the sale of Fortescue shares by using information concerning contracts between Fortescue and Chinese investors, abused his position as a director and deputy chairman of Fortescue for personal gain, and told a deliberate untruth by stating that he had no knowledge of the existence of the contracts between Fortescue and Chinese investors. The court found that the imputations were arguably capable of being conveyed by the words complained of and were not embarrassing, and therefore dismissed the defendant's application. The court held that the article, read in its context, was suggesting that it was more than mere coincidence that the deputy chairman of Fortescue happened to sell a substantial parcel of shares only days before the company revealed information which caused a drastic reversal in its share price. The imputations of dishonesty, illegality, and abuse of position were sufficiently distinct to not cause any difficulty that would justify striking out the relevant paragraphs. The court also found that the plea in paragraph 4.4 was arguable, in the context, a reasonable reader would understand the reference to the plaintiff's insistence that he had no knowledge at all of the Chinese contracts as suggesting that it was untruthful.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.