EXIBIT EXHIBITIONS & PUBLISHING PTY LTD -v- WEBB [2005] WASC 129

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASC 129
Case No:	CIV:1145/2005	Heard:	9 JUNE 2005
Coram:	MASTER NEWNES	Delivered:	17/06/05
No of pages:	17	Judgment Part:	1 of 1
Result:	Statement of claim struck out
Category:	B
PDF Version

Parties:	EXIBIT EXHIBITIONS & PUBLISHING PTY LTD (ACN 089 992 110) JOHN RAYMOND WEBB
Catchwords:	Defamation Application to strike out statement of claim Adequacy of plea of knowledge of extrinsic facts going to identification Whether imputations capable of being conveyed Whether embarrassing Turns on own facts
Legislation:	Nil
Case References:	Beran v John Fairfax Publications Pty Ltd [2004] NSWCA 107 Consolidated Trust Co Ltd v Browne (1948) 49 SR(NSW) 86 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Gordon v Amalgamated Television Services Pty Ltd & Anor (1980) 2 NSWLR 410 Gumina v Williams (No 1) (1990) 3 WAR 342 Jones v Skelton [1963] 1 WLR 1362 Lewis v Daily Telegraph Ltd [1964] AC 234 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663 Ron Hodgson (Trading) Pty Ltd v Belvedere Motors (Hurstville) Pty Ltd & Ors (1971) 1 NSWLR 472 Taylor v Jecks (1993) 10 WAR 309 Tsvangirai v The Special Broadcasting Service [2002] NSWSC 532 Askew v Morris [2005] WASCA 59 Boral Besser Masonry Ltd v ACCC (2003) 215 CLR 374 Bristile Ltd v Buddhist Society of Western Australia Inc (2000) Aust Torts Reprots 81548 Chapman v Australian Broadcasting Commission (2000) 77 SASR 181 Cock v Hughes [2001] WASC 24 Day v William Hill (Park Lane) Ltd ]1949] 1 KB 632 Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575 Hall Chadwick Corp Finance (WA) Ltd v Axion Properties Ltd [2002] WASC 179 Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440 John Fairfax Publications Pty Ltd v Rivkin (2003) 201 ALR 77 Stokes v Cowan [2005] WASC 39 Wookey v Western Australian Newspapers Ltd [2004] WASC 96

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : EXIBIT EXHIBITIONS & PUBLISHING PTY LTD -v- WEBB [2005] WASC 129 CORAM : MASTER NEWNES HEARD : 9 JUNE 2005 DELIVERED : 17 JUNE 2005 FILE NO/S : CIV 1145 of 2005 BETWEEN : EXIBIT EXHIBITIONS & PUBLISHING PTY LTD (ACN 089 992 110)

Plaintiff

AND

JOHN RAYMOND WEBB

Defendant

Catchwords:

Defamation - Application to strike out statement of claim - Adequacy of plea of knowledge of extrinsic facts going to identification - Whether imputations capable of being conveyed - Whether embarrassing - Turns on own facts

Legislation:

Nil

Result:

Statement of claim struck out

(Page 2)

Category: B

Representation:

Counsel:

Plaintiff : Mr C Ko

Defendant : Mr J C Giles

Solicitors:

Plaintiff : Brickhills

Defendant : Solomon Brothers

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

Beran v John Fairfax Publications Pty Ltd [2004] NSWCA 107
Consolidated Trust Co Ltd v Browne (1948) 49 SR(NSW) 86
Drummoyne Municipal Council v…

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.

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Details

Case: [2005] WASC 129
Decision Date

CaseChat Overview and Summary

Exhibit Exhibitions and Publishing Pty Ltd brought an action against John Raymond Webb for defamation. Webb applied to strike out the amended statement of claim on the ground that it disclosed no reasonable cause of action or, alternatively, was embarrassing. The plaintiff's amended statement of claim contained allegations of defamatory imputations conveyed by a letter sent by the defendant to creditors of a company of which the defendant was the sole director. The court found that certain paragraphs of the statement of claim should be pleaded as particulars of extrinsic facts relied upon for identification, not material facts. The court also found that some of the pleaded imputations were incapable of being conveyed by the words complained of and others were too general. Accordingly, the court ordered the amended statement of claim be struck out, with leave to the plaintiff to replead.

Orders