Piscioneri v Brisciani

Case [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…

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Piscioneri v Brisciani [2015] ACTSC 106
Case
[2015] ACTSC 106
Decision Date

CaseChat Overview and Summary

In Piscioneri v Brisciani, the plaintiff sought damages for defamation against the defendant. The dispute arose from various publications made by the defendant that the plaintiff claimed were defamatory. The case was heard in the Supreme Court of Victoria.

The legal issues the court needed to determine were whether the plaintiff was identifiable in the publications, whether the publications amounted to mere abuse, whether they were trivial, and whether the defence of honest opinion applied. The court also had to consider whether the defendant's conduct was protected by any other applicable defences.

The court found that the plaintiff was indeed identifiable in the publications, and they did not merely constitute abuse. The statements were not trivial, as they had caused significant harm to the plaintiff's reputation. The court further determined that the defence of honest opinion was not applicable because the defendant had not established that the statements were based on facts. The court rejected other defences raised by the defendant, ultimately concluding that the publications were defamatory.

The court entered judgment in favour of the plaintiff, ordering the defendant to pay the plaintiff $82,000.00 in damages.

Orders

Orders of the court

Judgment is entered in favour of the plaintiff. The defendant is

ordered to pay the plaintiff the sum of $82,000.00 in damages.

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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