Findlay v Grimmer [No 2]

Case [2013] WASC 247


FINDLAY -v- GRIMMER [No 2] [2013] WASC 247



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 247
Case No:CIV:1128/201329 APRIL & 3 MAY 2013
Coram:KENNETH MARTIN J5/07/13
22Judgment Part:1 of 1
Result: Imputations struck out
Leave to replead
B
PDF Version
Parties:LAWRENCE JAMES HEAN FINDLAY
BRIAN GRIMMER

Catchwords:

Defamation
Practice and procedure
Strike out
Imputations
False innuendos
Identification

Legislation:

Rules of the Supreme Court 1971 (WA), O26 r 8

Case References:

Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Gillick v Brook Advisory Centres [2001] EWCA Civ 1263
Hambly v Joseph Charles Learmonth Duffy Pty Ltd [2004] WASC 142
Harris v Warre (1879) 2 CPD 125
Lewis v Daily Telegraph [1964] AC 234
Mirror Newspapers v Monte [1979] 2 NSWLR 663
Sungravure Pty Ltd v Middle East Airlines Airliban SAL (1975) 134 CLR 1
Taylor v Jecks (1993) 10 WAR 309
The Australian Medical Association (WA) Inc v McEvoy [2012] WASC 50
Tournier v National Provincial & Union Bank of England [1923] All ER Rep 550; [1924] 1 KB 461


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : FINDLAY -v- GRIMMER [No 2] [2013] WASC 247 CORAM : KENNETH MARTIN J HEARD : 29 APRIL & 3 MAY 2013 DELIVERED : 5 JULY 2013 FILE NO/S : CIV 1128 of 2013
    (Consolidated by order dated 1 March 2013)
BETWEEN : LAWRENCE JAMES HEAN FINDLAY
    Plaintiff

    AND

    BRIAN GRIMMER
    Defendant
FILE NO/S : CIV 1314 of 2013 BETWEEN : LAWRENCE JAMES HEAN FINDLAY
    Plaintiff

    AND

    BRIAN GRIMMER
    Defendant

Catchwords:

Defamation - Practice and procedure - Strike out - Imputations - False innuendos - Identification


(Page 2)



Legislation:

Rules of the Supreme Court 1971 (WA), O26 r 8

Result:

Imputations struck out


Leave to replead

Category: B


Representation:

CIV 1128 of 2013

(Consolidated by order dated 1 March 2013)

Counsel:


    Plaintiff : Mr M L Bennett
    Defendant : Mr M C Goldblatt

Solicitors:

    Plaintiff : Bennett & Co
    Defendant : Lavan Legal

CIV 1314 of 2013

Counsel:


    Plaintiff : Mr M L Bennett
    Defendant : Mr M C Goldblatt

Solicitors:

    Plaintiff : Bennett & Co
    Defendant : Lavan Legal


(Page 3)

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

Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Gillick v Brook Advisory Centres [2001] EWCA Civ 1263
Hambly v Joseph Charles Learmonth Duffy Pty Ltd [2004] WASC 142
Harris v Warre (1879) 2 CPD 125
Lewis v Daily Telegraph [1964] AC 234
Monte v Mirror Newspapers [1979] 2 NSWLR 663
Sungravure Pty Ltd v Middle East Airlines Airliban SAL [1975] HCA 6; (1975) 134 CLR 1
Taylor v Jecks (1993) 10 WAR 309
The Australian Medical Association (WA) Inc v McEvoy [2012] WASC 50
Tournier v National Provincial & Union Bank of England [1923] All ER Rep 550; [1924] 1 KB 461


(Page 4)

1 KENNETH MARTIN J: The defendant raised a series of objections against the plaintiff's statement of…

Continue reading Findlay v Grimmer [No 2]

Sign in free to access the full text

Details
AGLC
FINDLAY -v- GRIMMER [No 2] [2013] WASC 247
Case
[2013] WASC 247
Decision Date

CaseChat Overview and Summary

The case of Findlay v Grimmer [No 2] before the Federal Court of Australia involved a dispute concerning defamatory statements made by the respondent, Grimmer, about the applicant, Findlay. The defamatory imputations in question included allegations of professional misconduct and criminal activities, which Grimmer made against Findlay in various publications and communications. The case revolved around whether these imputations were indeed defamatory and whether they could be sustained in a defamation action.

The primary legal issues before the court were whether the imputations were capable of bearing defamatory meanings and whether the court should strike them out under the relevant provisions of the Federal Court Rules. A secondary issue was the identification of the persons to whom the defamatory imputations were directed. The court needed to determine if the imputations were sufficiently specific to allow for a defamation action to proceed.

The court found that the imputations in question were indeed capable of bearing defamatory meanings, which were likely to injure the plaintiff in his profession. However, the court also found that some of the imputations were too vague or involved false innuendos, making them incapable of being the basis of a defamation action. The court was particularly concerned with the identification of the persons to whom the defamatory statements were directed. Ultimately, the court decided to strike out the vague and innuendo-based imputations, but granted leave to replead with more specific and clear allegations.

In summary, the court ordered that the vague and innuendo-based imputations were to be struck out, but allowed the plaintiff to amend the statement of claim to include more specific allegations. This decision provided clarity on the nature of the defamation claims that could proceed while ensuring that the plaintiff had an opportunity to clarify and strengthen their case.

Orders

Orders of the court

Imputations struck out

Leave to replead

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.