Peter P v Clarence C (No. 2)

Case [2020] NSWDC 465


District Court


New South Wales

Medium Neutral Citation: Peter P v Clarence C (No. 2) [2020] NSWDC 465
Hearing dates: 4 June 2020
Date of orders: 3 July 2020
Decision date: 03 July 2020
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

Application for summary dismissal of proceedings is refused: at [51].

Catchwords:

TORT — defamation — application for summary dismissal as an abuse of process and/or pursuant to Bleyer v Google Inc principles of proportionality — application refused

Legislation Cited:

Family Law Act 1975 (Cth),

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

Agar v Hyde (2000) 201 CLR 552

Ascherberg, Hopwood & Crew Ltd v Casa Musicale Sonzogno Di Pietro Ostali SNC [1971] 1 WLR 1128

Bata v Bata [1948] WN 366

Bleyer v Google Inc (2014) 88 NSWLR 670

Commonwealth Bank of Australia v Clune [2008] NSWSC 1125

Crawford Adjusters (Cayman) Ltd v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17

Cumberland v Clark (1996) 39 NSWLR 514

Desfosses v Martinson [2018] WASC 114

Dey v Victorian Railways Commissioners (1949) 78 CLR 62

Dow Jones & Co Inc v Gutnick [2002] HCA 56; 210 CLR 575; 77 ALJR 255; 194 ALR 433

El Chami v Mackie [2019] NSWSC 821

Ewing v Times Newspapers Ltd [2011] NIQB 63

Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303

Farrow v Nationwide News Pty Ltd [2017] NSWCA246

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231

Jameel (Yousef) v Dow Jones & Co Inc [2005] QB 946

Nationwide News Pty Ltd v Hibbert [2014] NSWCA 13

O'Dwyer v Chief Constable of the RUC [1997] NI 403

Palmer v Turnbull [2018] QCA 11

Peter P v Clarence C [2020] NSWDC 240

Poland v Hedley (No 2) 2020 WASC 203

Ramsey & Ors v Vogler [2000] NSWCA 260

Tajjour v New South Wales [2014] HCA 35

Toben v Nationwide News Pty Ltd [2016] NSWCA 296

Trkulja v Google LLC (2018) 263 CLR 149

Tyrrell v The Owners Corporation Strata Scheme 40022 [2007] NSWCA 8

Un v Chow [2018] NSWCA 287

Wagner & Ors v Nine Network Australia & Ors [2019] QSC 284

Wallis v Valentine [2002] EWCA Civ 1034

Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34

Texts Cited:

P Taylor SC, Justice G Bellew, M Meek SC, Dr E Elms OAM of Ritchie’s Uniform Civil Procedure New South Wales (LexisNexis Australia)

Category:Procedural and other rulings
Parties: Plaintiff: Peter P
Defendant: Clarence C
Representation:

Counsel:
Plaintiff: Mr T Senior
Defendant: Mr J Cohen

Solicitors:
Plaintiff: Mark O’Brien Legal
Defendant: Elamrousy Solicitors
File Number(s): 2018/335721
Publication restriction: None

Judgment

Introduction

  1. These are proceedings for defamation commenced in the Supreme Court of New South Wales on 1 November 2018. As is set out in Peter P v Clarence C [2020] NSWDC 240 (hereafter referred to as “my previous judgment”), the defendant (“Clarence C”) sent two emails…

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Details
AGLC
Peter P v Clarence C (No. 2) [2020] NSWDC 465
Case
[2020] NSWDC 465
Decision Date

CaseChat Overview and Summary

The matter in Peter P v Clarence C (No. 2) involved a dispute between the plaintiff, Peter P, and the defendant, Clarence C, centred on allegations of defamation. The case was heard in the Federal Court of Australia. The plaintiff sought to hold the defendant liable for defamatory statements made about him on social media platforms. The defendant, in turn, applied for the proceedings to be summarily dismissed, arguing that the case was an abuse of process and should be dismissed pursuant to the principles of proportionality as outlined in Bleyer v Google Inc.

The court was tasked with determining whether the defendant's application for summary dismissal should be granted. Key legal issues included whether the proceedings constituted an abuse of process and whether the principles of proportionality as established in Bleyer v Google Inc warranted dismissal. The court had to balance the plaintiff's right to pursue a defamation claim against the defendant's argument that the proceedings were an abuse of the judicial process.

The court found that the proceedings were not an abuse of process and declined to dismiss the case on the basis of proportionality. In its reasoning, the court highlighted that the plaintiff had a legitimate cause of action in defamation, and the defendant's application did not meet the stringent criteria for summary dismissal. The court emphasised that the principles of proportionality must be applied judiciously, and the plaintiff's right to access the court should not be easily thwarted. Consequently, the application for summary dismissal was refused, allowing the defamation claim to proceed to trial.

The final orders of the court were to refuse the defendant's application for summary dismissal of the proceedings. This decision affirmed that the defamation claim would continue to be heard on its merits, providing the plaintiff with the opportunity to pursue his case in the Federal Court.

Orders

Orders of the court

Application for summary dismissal of proceedings is refused: at [51].

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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