Nowak v Putland

[2011] QDC 259

DISTRICT COURT OF QUEENSLAND

CITATION:

Nowak  v Putland [2011] QDC 259

PARTIES:

JOSEPH NOWAK
(Plaintiff)

v

PAUL PUTLAND
(Defendant)

FILE NO:

69/2010

PROCEEDING:

Trial

ORIGINATING COURT:

District Court, Southport

DELIVERED ON:

8 November 2011

DELIVERED AT:

Southport

HEARING DATES:

  22, 23 February and 5, 6, 7 & 8 September 2011

JUDGE:

C F Wall QC

ORDER:

Judgment for the plaintiff for $150,000 plus interest and costs

LEGISLATION:

Defamation Act 2005, Sections 33,35

CASES:

Bui v Huynh [2011) QDC 239
Jones v Sutton (2004) 61 NSWLR 614
Doelle v Bedley [2007] QDC 134
Carson v John Fairfax & SonsLtd (1993) 178 CLR 44
Hocken v Morris (2011) QDC 115
Crampton v Nugawela (1996) 41 NSWLR 176
Haertach v Channel 9 Pty Ltd [2010] NSW SC 182
Atholwood v Barrett [2004] QDC 505

CATCHWORDS:

 Defamation – whether defamatory statements were made – Surf Club – busy night – “You’re a paedophile” – “paedophile” – “You’re a wog” – imputations – defence of triviality – compensatory damages – aggravated damages

COUNSEL:

Mr R J Anderson for the plaintiff

Mr P J Roney SC for the defendant

SOLICITORS:

Hynes Lawyers (22 & 23 Feb) and Nyst Lawyers (5,6,7 & 8 Sept) for the plaintiff

McDonald Balanda & Associates for the defendant

Introduction

1. The plaintiff claims damages, including aggravated damages, for defamation arising from statements the plaintiff says the defendant made to and about him in the sports bar of the Rainbow Bay Surf Club (RBSC) on the evening of Friday 6 February 2009.  No claim is made for specific monetary loss, (see T1-18).   

The surf club

1. It was a busy night at the club.

1. On the plaintiff’s estimate there were 40 – 50 people in the sports bar which is a relatively small area (T1-30,31,36,37 and the photos ex17).  The defendant was drinking at a dry bar with Peter (Ned) Kelly, a retired Victorian solicitor and some other people.  The plaintiff’s estimate of numbers is consistent with the evidence of Brent Taylor (T4-8), Mr Kelly (T6-3) and the defendant (T5-26).

1. The plaintiff was drinking on the balcony with friends.  He went inside to get another drink.  As he was returning to the balcony he was kicked in the back of the leg.  He gave the following evidence of what happened (T1-34,35,37,38,39, T2-94,95,96,98, T3-39,40,41,42,43,48,49,50,51,52,54):

Evidence in Chief
“As I walked past the Keno machine I got a big boot in the back of the – back of the leg here from behind which sort of stumbled me, nearly dropped me, and spilt a bit of my beer.  I then turned around in astonishment to see basically Paul Putland abuse me, calling me a paedophile-----
Basically as I turned round he had his hands up, he was yelling, and he yelled it and screamed it in a – oh, a deep, dark tone, he was - he was-----

He goes, ‘You’re a paedophile’, you know, screamed it, yelled it quite loud, which got the attention of a lot of people in that bar, pretty much…