GALLAGHER -v- DESTINY PUBLICATIONS PTY LTD [No 2] [2015] WASC 475
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 475 | |
| Case No: | CIV:1636/2013 | 2 SEPTEMBER 2015 | |
| Coram: | KENNETH MARTIN J | 9/12/15 | |
| 47 | Judgment Part: | 1 of 1 | |
| Result: | Application successful in part | ||
| B | |||
| PDF Version |
| Parties: | MICHAEL GALLAGHER LILLIAN MAHER DESTINY PUBLICATIONS PTY LTD GERASIMAS GEORGATOS |
Catchwords: | Defamation Interlocutory strikeout application Challenges against defence pleading Pleas of justification Substantial truth Fair comment and honest opinion Qualified privilege pleas Alleged plea of bad reputation Turns on own facts |
Legislation: | Defamation Act 2005 (WA), s 25, s 30, s 31 |
Case References: | Ashcroft v Foley [2012] EWCA Civ 423; [2012] EMLR 25 Buckeridge v Walter [2010] WASCA 134 Cheikho v Nationwide News Pty Ltd [No 3] [2015] NSWSC 146 Findlay v Grimmer [No 3] [2014] WASC 228 Gallagher v Destiny Publications Pty Ltd [2015] WASC 40 Hayson v John Fairfax Publications Pty Ltd [2007] NSWCA 376 Khan v Fairfax Media Publications Pty Ltd [No 3] [2015] WASC 400 Papaconstuntinos v Holmes à Court [2012] HCA 53; (2012) 249 CLR 534 Scott v Sampson (1882) 8 QBD 491 West Australian Newspapers Ltd v Elliott [2008] WASCA 172; (2008) 37 WAR 387 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- First Plaintiff
LILLIAN MAHER
Second Plaintiff
AND
DESTINY PUBLICATIONS PTY LTD
First Defendant
GERASIMAS GEORGATOS
Second Defendant
Catchwords:
Defamation - Interlocutory strikeout application - Challenges against defence pleading - Pleas of justification - Substantial truth - Fair comment and honest opinion - Qualified privilege pleas - Alleged plea of bad reputation - Turns on own facts
Legislation:
Defamation Act 2005 (WA), s 25, s 30, s 31
Result:
Application successful in part
Category: B
Representation:
Counsel:
First Plaintiff : Mr M L Bennett
Second Plaintiff : Mr M L Bennett
First Defendant : No appearance
Second Defendant : Mr C Dibb
Solicitors:
First Plaintiff : Bennett & Co
Second Plaintiff : Bennett & Co
First Defendant : No appearance
Second Defendant : Mitry Lawyers
Case(s) referred to in judgment(s):
Ashcroft v Foley [2012] EWCA Civ 423; [2012] EMLR 25
Buckeridge v Walter [2010] WASCA 134
Cheikho v Nationwide News Pty Ltd [No 3] [2015] NSWSC 146
Findlay v Grimmer [No 3] [2014] WASC 228
Gallagher v Destiny Publications Pty Ltd [2015] WASC 40
Hayson v John Fairfax Publications Pty Ltd [2007] NSWCA 376
Khan v Fairfax Media Publications Pty Ltd [No 3] [2015] WASC 400
Papaconstuntinos v Holmes à Court [2012] HCA 53; (2012) 249 CLR 534
Scott v Sampson (1882) 8 QBD 491
West Australian Newspapers Ltd v Elliott [2008] WASCA 172; (2008) 37 WAR 387
1 KENNETH MARTIN J: This is another strikeout application by the plaintiffs against the…
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- Case
- [2015] WASC 475
- Decision Date
CaseChat Overview and Summary
The court examined the pleadings and evidence to assess the merits of the defendant's defences. It found that the defendant's plea of justification was insufficient as the articles did not establish the substantial truth of the defamatory imputations. Regarding the fair comment and honest opinion defence, the court held that the defendant had failed to demonstrate that the comments were based on facts or that the opinion was honestly held. As for the qualified privilege plea, the court concluded that the defendant had not shown a sufficient duty or interest to warrant the publication. The plea of bad reputation was deemed to turn on its own facts and required further evidence, which was not adequately provided at this stage of the proceedings.
Ultimately, the court granted the application in part, striking out certain defences but allowing others to proceed. The court found that the defendant's justification, fair comment, and honest opinion pleas were insufficient, while the qualified privilege plea remained viable pending further evidence. The plea of bad reputation was allowed to proceed but required more detailed substantiation. The final orders of the court reflected this partial success of the application, with certain defences being dismissed and others remaining in the case for further development.
Orders
Orders of the court
Application successful in part
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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