Hall v Hanson

Case [2017] ACTSC 369


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Hall v Hanson

Citation:

[2017] ACTSC 369

Hearing Date:

20 November 2017

DecisionDate:

11 December 2017

Before:

Mossop J

Decision:

The Application in Proceeding, filed on 10 October 2017, is dismissed with costs.

Catchwords:

TORTS – DEFAMATION – Defences – defence of contextual truth – whether appropriate to strike out contextual imputations prior to trial – qualified privilege at common law – whether privilege established because publication was made to a wide audience – application dismissed – s 136 of the Civil Law (Wrongs) Act 2002 (ACT)

Legislation Cited:

Civil Law (Wrongs) Act 2002 (ACT), ss 136, 136(a), 136(b)

Court Procedures Rules 2006 (ACT), r 425

Cases Cited:

Abou-Lokmeh v Harbour Radio Pty Ltd [2016] NSWCA 228

Braddock v Bevins [1948] 1 KB 580
Channel 7 Adelaide Pty Ltd v Manock [2007] HCA 60; 232 CLR 245
Cornwell v Channel Seven Sydney Pty Ltd [2016] NSWCA 255
Daily Examiner Pty Ltd v Mundine [2012] NSWCA 195
Fairfax Media Publications v Zeccola [2015] NSWCA 329; 91 NSWLR 341
Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; 79 ALJR 1716
Fraser v Holmes [2009] NSWCA 36
Greenaway v Poole [2003] EWHC 1735
Hayson v John Fairfax Publications Pty Ltd [2007] NSWCA 376
John Fairfax Publications Pty Ltd v Blake (2001) 53 NSWLR 541
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520
Marshall v Megna [2013] NSWCA 30
Nationwide News Pty Ltd v Weatherup [2017] QCA 70
Reynolds v Times Newspapers Ltd [2001] 2 AC 127
Roberts v Bass [2002] HCA 57; 212 CLR 1

State of New South Wales v Williams [2014] NSWCA 177

Texts Cited:

Alastair Mullis et al (eds), Gatley on Libel and Slander (Sweet and Maxwell, 12th ed, 2013)

Parties:

Dean Hall (Plaintiff)

Jeremy Hanson (Defendant)

Representation:

Counsel

W Houghton QC & J Hooper (Plaintiff)

K Smark SC (Defendant)

Solicitors

Slater and Gordon Lawyers (Plaintiff)

Meyer Vandenberg Lawyers (Defendant)

File Number:

SC 237 of 2016

MOSSOP J:

Introduction

  1. The plaintiff has brought proceedings claiming damages for defamation against the defendant.  The plaintiff is the Secretary of the Australian Capital Territory (ACT) Branch of the Construction Forestry Mining and Energy Union (CFMEU).  The defendant was, at the relevant time, the leader of the opposition in the ACT Legislative Assembly.  Proceedings against the second defendant, the operator of a radio station, have been settled.  The plaintiff claims damages arising out of statements made by the first defendant during the course of a radio interview on 16 March 2016.  The subject matter of the interview was a memorandum of understanding between the ACT government and Unions ACT, a peak union body, which contemplated the sharing of information about applications for tenders with the ACT government.  The plaintiff alleges that statements made by the first defendant gave rise to the following defamatory imputations:

a.the plaintiff is so untrustworthy, having been convicted of criminal charges, that he must not be given access to company tender documents in…

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AGLC
Hall v Hanson [2017] ACTSC 369
Case
[2017] ACTSC 369
Decision Date

CaseChat Overview and Summary

The matter of Hall v Hanson involved a defamation dispute between the plaintiff, Mr. Hall, and the defendant, Mr. Hanson. The dispute centred on statements made by Mr. Hanson which Mr. Hall claimed were defamatory. The case was heard in the Supreme Court of the Australian Capital Territory. The central issues for the court to decide were whether the defendant’s contextual imputations should be struck out before the trial and whether a qualified privilege at common law was established because the publication was made to a wide audience.

The court examined the defence of contextual truth, considering whether it was appropriate to strike out certain contextual imputations prior to the trial. The court held that the defence of contextual truth required a preliminary assessment of the evidence, but in this instance, the evidence was not sufficient to warrant a decision on the matter at the interlocutory stage. Regarding the qualified privilege, the court determined that the publication was not made to a wide audience, and therefore, the privilege did not apply. The court also considered the provisions of section 136 of the Civil Law (Wrongs) Act 2002 (ACT), which deals with the striking out of pleadings. The court found that the application did not meet the criteria for striking out the contextual imputations.

In conclusion, the court dismissed the application filed by the defendant on 10 October 2017, with costs awarded against the defendant. The court found that the contextual imputations could not be struck out, and the defence of qualified privilege was not applicable. The matter will proceed to trial with the remaining imputations intact.

Orders

Orders of the court

The Application in Proceeding, filed on 10 October 2017, is dismissed with 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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