Piscioneri v Brisciani

[2015] ACTSC 106

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	Piscioneri v Brisciani
Citation:	[2015] ACTSC 106
Hearing Date:	15 October 2014
Decision Date:	6 May 2015
Before:	Burns J
Decision:	Judgment is entered in favour of the plaintiff. The defendant is ordered to pay the plaintiff the sum of $82,000.00 in damages.
Category:	Principal Judgment
Catchwords:	CIVIL LAW – Torts – Defamation – statements amounting to defamation – publication – damages – whether plaintiff is identifiable in the publications – whether publications amount to mere abuse – whether publications were trivial – whether defence of honest opinion applies – whether defence of
qualified privilege applies.
Legislation Cited:	Civil Law (Wrongs) Act 2002 (ACT) Chapter 9 Court Procedures Rules 2006 (ACT) r 1179 Limitation Act 1985 (ACT)
Cases Cited:
Baffsky v John Fairfax & Sons Ltd (1991) 106 FLR 21 Bennette v Cohen (2005) 64 NSWLR 81 Bennette v Cohen [2009] NSWCA 60 Bureya P/L v The Mackay Printing & Publishing Co P/L [2003] QCA 284 Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 Consolidated Trust Co Ltd v Browne (1948) 49 SR (NSW) 86 David Syme & Co v Canavan (1918) 25 CLR 234 Dow Jones & Co v Gutnick (2002) 210 CLR 575 Hayson v John Fairfax Publications Pty Ltd [2007] NSWSC 763 John Fairfax Publications Pty Ltd v Rickin (2003) 201 ALR 77 Megna v Marshall [2010] NSWSC 686 Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632 Mundey v Askin [1982] 2 NSWLR 369 Polly Peck (Holdings) plc v Telford [1986] QB 1000 Ratcliffe v Evans [1982] 2 QB 524 (CA) Speight v Gosnay (1891) 60 LJQB 231 Steele v Mirror Newspapers Ltd [1974] 2 NSWLR 348 Ware v Associated Newspapers Ltd (1969) 90 WN (Pt 1) (NSW) 180
Texts Cited:	LexisNexis, Halsbury’s Laws of Australia, (at 23 March 2015)
145 Defamation, ‘5 Honest Opinion and Fair Comment’ [145-
1950]
Parties:	Gabriella Jean Piscioneri (Plaintiff)
Anthony Scott Brisciani (Defendant)
Representation:	Counsel
Self-represented (Plaintiff) Self-represented (Defendant)
Solicitors
Self-represented (Plaintiff) Self-represented (Defendant)
File Number:	SC 859 of 2010
Burns J:
Background

1.       Between 1996 and 2007, the plaintiff owned and operated the criminal legal practice ‘G J Piscioneri and Co’ as a sole practitioner in New South Wales. The plaintiff is currently

unemployed. In early 2005, reports appeared in the media regarding criminal trials against Bilal Skaf and others who were charged with several counts of aggravated sexual intercourse without consent in New South Wales (the Skaf trial). Following the trial and subsequent convictions of the accused men, the jury foreperson, an acquaintance of the plaintiff, disclosed to the plaintiff that he and possibly other members of the jury had conducted a view of the crime scene after having been directed by the trial judge not to do so. The plaintiff reported this to the Court. The plaintiff was a practising solicitor in Queanbeyan, NSW at the time, but was not directly

involved in the Skaf trial. I note that the plaintiff’s conduct in…