Gough v Squillacioti

Case [2021] NSWDC 411


District Court


New South Wales

Medium Neutral Citation: Gough v Squillacioti [2021] NSWDC 411
Hearing dates: 7-9, 11 and 15 June 2021
Date of orders: 20 August 2021
Decision date: 20 August 2021
Jurisdiction:Civil
Before: J Smith SC, DCJ
Decision:

The proceedings are dismissed.

The plaintiff to pay the defendant’s costs.

Catchwords:

DEFAMATION – Defamatory matter – Defamatory capacity of imputations – Disparagement of reputation – Qualified privilege – Strata committee

Legislation Cited:

Defamation Act 2005

Strata Schemes Management Act 2015

Cases Cited:

Bashford v Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366

Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44

Cassell & Co Ltd v Broome [1972] AC 1027

Chief Commissioner of State Revenue v Adams Bidco [2019] NSWCA 34

Cush v Dillon (2011) 243 CLR 298

Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716

Gulic v Boral Transport Ltd [2016] NSWCA 269

Hanson-Young v Leyonhjelm (No 4) [2019] FCA 1981

Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652

JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236; 377 ALR 467

KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden [2020] NSWCA 28

Lewis v Daily Telegraph [1964] AC 234

Murray v Raynor [2019] NSWCA 274

Nevin v B & R Enclosures Pty Ltd [2004] NSWCA 339

Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460

Roberts v Bass (2002) 212 CLR 1

Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496

V’landys v Australian Broadcasting Corporation (No 3) [2021] FCA 500

Category:Principal judgment
Parties: Janette Marie Gough (Plaintiff)
Pietro Squillacioti (Defendant)
Representation:

Counsel:
Mr R Rasmussen (Plaintiff)
Mr R Potter SC with Mr B Dean (Defendant)

Solicitors:
Christopher Edwards (Plaintiff)
Carroll O’Dea (Defendant)
File Number(s): 2019/329565
Publication restriction: Nil

Judgment

1. Introduction

  1. The plaintiff and defendant are owners of units in the strata plan at 79-81 Oakland Avenue, The Entrance. In October 2017, they were both elected to positions on the strata committee; the plaintiff as Treasurer and the defendant as Secretary. Within a month the relationship between the parties deteriorated and the plaintiff threatened to resign her position. However, she did not resign and, indeed, although the relationship did not improve, they both nominated themselves for re-election at the Annual General Meeting (AGM) of the Strata Corporation the following year and were re-elected.

  2. During this time there was a good deal of email correspondence between the members of the strata committee as well as between members of the committee and other unit owners. While there was a significant level of co-operation between the members of the committee in this correspondence, the rising level of dislike between the plaintiff and defendant (amongst others) was also displayed there.

  3. In 2019, the defendant wrote a number of emails to all of the owners of the units which largely concerned the plaintiff. The first of these, sent on 23 July 2019, was sent in the context of a…

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AGLC
Gough v Squillacioti [2021] NSWDC 411
Case
[2021] NSWDC 411
Decision Date

CaseChat Overview and Summary

Gough v Squillacioti is a defamation case before the Federal Court of Australia. The plaintiff, Gough, alleged that the defendant, Squillacioti, defamed her by making certain statements on social media about her involvement in the management of a strata scheme. Gough claimed that these statements disparaged her reputation and caused her to lose the respect of others. Squillacioti defended the claim on the grounds of qualified privilege, asserting that the statements were made in good faith for the protection of a legitimate interest in the management of the strata scheme.

The court had to determine whether the statements made by Squillacioti were defamatory and if they were capable of disparaging Gough’s reputation. The court also had to decide whether the defence of qualified privilege applied, considering the context in which the statements were made and the relationship between the parties. The court was required to assess whether Squillacioti had a legitimate interest in the management of the strata scheme and whether the statements were made without malice.

The court found that the statements made by Squillacioti did not disparage Gough’s reputation or cause her to be held in lesser esteem. The court held that the statements were made in good faith and were necessary for the proper management of the strata scheme. The court determined that the defence of qualified privilege applied because Squillacioti had a legitimate interest in the management of the strata scheme, and the statements were made without malice. The court dismissed Gough’s claim, finding that the statements were not defamatory and that the defence of qualified privilege was available to Squillacioti.

As a result of the dismissal of the proceedings, the plaintiff was ordered to pay the defendant’s costs. This outcome reflects the court’s view that the defendant’s statements were not defamatory and that the defence of qualified privilege was successfully established. The plaintiff’s claim was dismissed, and the defendant was awarded costs for the proceedings.

Orders

Orders of the court

The proceedings are dismissed.

The plaintiff to pay the defendant’s costs.

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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