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Emerson v Walker

Emerson v Walker

Case [1999] WASC 265 16 December 1999

Defamation

Breach of Confidentiality

Aggravated Damages

Exemplary Damages

Defamation

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EMERSON -v- WALKER & ORS [1999] WASC 265

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASC 265
Case No:	CIV:1879/1999	Heard:	22 NOVEMBER 1999
Coram:	STEYTLER J	Delivered:	16/12/99
No of pages:	27	Judgment Part:	1 of 1
Result:	Part of statement of claim struck out with liberty to amend
PDF Version

Parties:	ROSS EMERSON PATRICK WALKER DENIS ROGERS AUSTRALIAN BROADCASTING CORPORATION WEST AUSTRALIAN NEWSPAPERS LTD (ACN 008 667 632)
Catchwords:	Defamation Statements amounting to defamation Application to strike out statement of claim Turns on own facts
Legislation:	Nil
Case References:	Gardiner v Ray [1999] WASC 140 Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663 Smith v Littlemore (1996) 15 WAR 289 Taylor v Jecks (1993) 10 WAR 309 Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Andrews v John Fairfax & Sons Ltd [1980] 2 NSWLR 225 Aqua Vital Australia Ltd v Swan Television & Radio Broadcasters Pty Ltd [1995] Aust Torts Rep 62,709 Australian Broadcasting Corporation v Comalco Ltd (1986) 12 FCR 510 Bickel v John Fairfax & Sons Ltd [1981] 2 NSWLR 474 Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 Charleston v News Group Newspapers Ltd [1995] 2 AC 65 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Farquhar v Bottom [1980] 2 NSWLR 380 Fox v Goodfellow [1926] NZLR 58 Gascoine v McGinty (1995) 14 WAR 542 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Gordon v Amalgamated Television Services Pty Ltd [1980] 2 NSWLR 410 Gumina v Williams [No 1] (1990) 3 WAR 342 Haywood v Thompson [1982] QB 47 Jones v Amalgamated Television Services (1991) 23 NSWLR 364 Jones v Skelton [1963] 1 WLR 1362 Laurence v TVW Enterprises Ltd (1992) 6 WAR 289 Leslie v Mirror Newspapers (1971) 125 CLR 332 Lewis v Daily Telegraph Ltd [1964] AC 234 McCormick v John Fairfax & Sons Ltd (1989) 16 NSWLR 485 Morgan v Oldhams Press Ltd [1971] 1 WLR 1239 Morris v Newcastle Newspapers Pty Ltd (1985) 1 NSWLR 260 Oracle International Pty Ltd v West Australian Newspapers Limited, unreported; SCt of WA (Steytler J); Library No 970696; 11 December 1997 Pickering v Publishing and Broadcasting Pty Ltd, unreported; SCt of NSW (Levine J); No 21293 of 1995; 21 June 1996 Reader's Digest Services Pty Ltd v Lamb (1982) 150 CLR 500 Ron Hodgson (Trading) Pty Ltd v Belvedere Motors (Hurtsville) Pty Ltd [1971] 1 NSWLR 472 Ronci v Nationwide News Pty Ltd, unreported; SCt of WA (Steytler J); Library No 960340; 21 June 1996 Sim v Stretch [1936] 2 All ER 1237 Slatyer v Daily Telegraph Newspaper Co Ltd (1907) 7 SR (NSW) 488 Slatyer v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1 Sutcliffe v Pressdram Ltd [1991] 1 QB 153 The Capital & Counties Bank Ltd v George Henty & Sons (1882) 7…

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 Emerson v Walker

Details

AGLC: Emerson v Walker [1999] WASC 265
Case: [1999] WASC 265
Decision Date

CaseChat Overview and Summary

In Emerson v Walker & Ors, the plaintiff, Ross Emerson, sought damages for defamation against the Chief Executive Officer of the Ministry of Fair Trading, Patrick Walker, the Chairman of the Australian Cricket Board, Denis Rogers, the Australian Broadcasting Corporation, and West Australian Newspapers Ltd. Emerson alleged that he was defamed by various publications that suggested he was a malingerer and had been deceitful in continuing to umpire international cricket matches while on stress leave. The defendants each applied to strike out various paragraphs of Emerson's statement of claim.

The court found that certain imputations pleaded in Emerson's statement of claim were incapable of arising from the defendants' publications. For instance, the court struck out imputations that Emerson was a malingerer and had acted deceitfully, as these imputations were not supported by the defendants' words. The court also struck out paragraphs that dealt with aggravated and exemplary damages, finding that they were either irrelevant or unclear. The court allowed Emerson liberty to amend his statement of claim to correct any deficiencies identified in the judgment.

Orders