CITATION: Manefield v Child Care NSW [2010] NSWSC 1420 HEARING DATE(S): 22-23/11/10
JUDGMENT DATE :
15 December 2010JURISDICTION: Common Law Division
Defamation ListJUDGMENT OF: Kirby J DECISION: 1. There shall be a verdict for the plaintiff in the sum of $150,000.
2. The defendant should pay the plaintiff’s costs.
3. Liberty to apply on 2 days notice.CATCHWORDS: DEFAMATION - dismissed manager - establishing business in same industry - publication to industry - whether imputations conveyed - defence qualified privilege at common law - malice - aggravated damages. LEGISLATION CITED: Associations Incorporation Act 1984 (NSW)
Corporations Act 2001
Defamation Act 2005CATEGORY: Principal judgment CASES CITED: Farquhar v Bottom [1980] 2 NSWLR 380
Megna v Marshall [2010] NSWSC 686
Toogood v Spyring (1834) 1 Cr M & R 181; 149 ER 1044
Roberts v Bass [2002] HCA 57; (2002) 212 CLR 1
Adam v Ward (1917) AC 309
Hunt v Great Northern Railway Co [1891] 2 QB 189
Bashford v Information Australia (Newsletters) Pty Ltd [2004] HCA 5; 218 CLR 366
Guise v Kauvelis (1947) 74 CLR 102
Andreyevich v Kosovich (1947) SR (NSW) 357
Aktas v Westpac Banking Corp Ltd [2010] HCA 25
Justin v Associated Newspapers Limited (1966) 86 WN (Pt 1) (NSW) 17; (1967) 1 NSWLR 61
Mowlds v Fergusson (1939) 40 SR (NSW) 311
Fraser v Holmes [2009] NSWCA 36
Huntley v Ward (1959) 6 CB (NS) 514
Morgan v John Fairfax & Sons Limited (1990) 20 NSWLR 511
Weldon & Co v Harbinson [2000] NSWSC 272
Davidson v Barclay's Bank Ltd (1940) 1 All ER 316
Horrocks v Lowe [1975] AC 135
Gross v Weston [2007] NSWCA 1
Carson v John Fairfax & Sons Limited (1993) 178 CLR 44
Jameel v Dow Jones [2005] QB 946
Trigell v Pheeney (1951) 82 CLR 497PARTIES: Bruce Manefield (Pl)
Association of Quality Child Care Centres of NSW Inc t/as Child Care NSW (Def)
FILE NUMBER(S): SC 2009/297613 COUNSEL: B R McClintock SC/R de Meyrick (Pl)
R Rasmussen (Def)SOLICITORS: Paris J Carr & Assoc (Pl)
Guild Legal Limited (Def)
Bruce MANEFIELD
v
ASSOCIATION OF QUALITY CHILD CARE CENTRES
OF NSW INC. T/AS CHILD CARE NSW
(2009/297613)
I N D E X
Para No. 1. LIABILITY
The matter complained of. 1The issues. 3Background. 6Employment by Child Care New South Wales. 10Proposed federal organisation. 31Termination of Mr Manefield. 39The establishment of Early Learning Australia. 42A planned media launch. 45Were the imputations conveyed? 55Qualified privilege at Common Law. 87Submissions of the parties. 108The circumstances of the publication. 122The question of confidentiality. 124The public interest. 133Express malice. 143Submissions of the parties on malice. 149Was there malice? 1612. DAMAGES Principles with respect to damages. 175Damage to reputation. 177Hurt to feelings. 189Aggravated damages. 198Quantification of damages. 205Orders. 209
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1. LIABILITY
The matter complained of.
Mr Bruce Manefield (the plaintiff) has commenced an action for defamation against…
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Details
- AGLC
- Manefield v Child Care NSW [2010] NSWSC 1420
- Case
- [2010] NSWSC 1420
- Decision Date
CaseChat Overview and Summary
In the case of Manefield v Child Care NSW, the dispute involved a dismissed manager who established a competing business in the same industry as her former employer. The manager alleged defamation based on communications made by her former employer to the industry. The court was required to determine whether the communications conveyed the defamatory imputations and whether the defence of qualified privilege at common law was available, including the presence of malice and the entitlement to aggravated damages.
The legal issues included whether the communications made by the former employer conveyed the alleged defamatory imputations. The court also needed to examine whether the defence of qualified privilege at common law was applicable. This defence requires an honest belief in the duty to communicate and the absence of malice. Finally, the court had to consider whether the plaintiff was entitled to aggravated damages.
The court found that the communications did not convey the defamatory imputations as alleged. It held that the defence of qualified privilege was available because the former employer had an honest belief in the duty to communicate and there was no malice. Consequently, the plaintiff's claim for aggravated damages was dismissed. The court concluded that the former employer's communications were made in good faith and for a legitimate purpose, and thus the plaintiff was not entitled to any damages.
The legal issues included whether the communications made by the former employer conveyed the alleged defamatory imputations. The court also needed to examine whether the defence of qualified privilege at common law was applicable. This defence requires an honest belief in the duty to communicate and the absence of malice. Finally, the court had to consider whether the plaintiff was entitled to aggravated damages.
The court found that the communications did not convey the defamatory imputations as alleged. It held that the defence of qualified privilege was available because the former employer had an honest belief in the duty to communicate and there was no malice. Consequently, the plaintiff's claim for aggravated damages was dismissed. The court concluded that the former employer's communications were made in good faith and for a legitimate purpose, and thus the plaintiff was not entitled to any damages.
Orders
Orders of the court
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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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