Jacqueline Zwambila v Panganai Reason Wafawarova

The case of Jacqueline Zwambila versus Panganai Reason Wafawarova involved a defamation action. The plaintiff, Jacqueline Zwambila, brought the action against the defendant, Panganai Reason Wafawarova, to address defamatory statements made against her. The matter was heard in the ACT Supreme Court. The central issue before the court was whether the defendant's amended defence could be relied upon, given his failure to comply with the rules relating to discovery and interrogatories, and his overall non-cooperation in the proceedings.

The court had to consider whether the defendant's repeated refusal to comply with procedural orders, including his avoidance of service, warranted striking out his amended defence. The court was also required to determine if the defendant's intention to not meet any award of damages, if found liable, affected the admissibility of his defence. The hearing of the application to strike out the amended defence took place in the defendant's absence, leading to a consideration of the implications of his non-attendance and non-compliance.

The court concluded that the defendant's failure to comply with procedural rules and his non-cooperation in the proceedings warranted the striking out of his amended defence. As a result, under rule 671 of the Court Procedures Rules 2006 (ACT), the defendant was not allowed to rely on any part of the Amended Defence dated 16 September 2011. This decision effectively left the plaintiff's defamation claim unchallenged in the absence of a valid defence from the defendant.