PREFUMO -v- BRADLEY [2011] WASC 251
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2011] WASC 251 | |
| Case No: | CIV:1924/2010 | 30 MARCH, 1, 4 & 20 APRIL, 7 JUNE 2011 | |
| Coram: | CORBOY J | 9/09/11 | |
| 35 | Judgment Part: | 1 of 1 | |
| Result: | Claim for public interest immunity not allowed Application to strike out adjourned for further directions | ||
| B | |||
| PDF Version |
| Parties: | LOUIS MARCEL ANGELO GILBERT PREFUMO ARRIADNE MARIE NOELLE BRADLEY |
Catchwords: | Defamation Application to strike out indorsement to writ Whether defence of triviality available for statements made in private email Whether statements to mental health clinic capable of communicating a defamatory meaning Qualified privilege and malice Turns on its own facts Practice and procedure Whether public interest immunity applied to patient notes held by area health service forming part of the Department of Health |
Legislation: | Defamation Act 2005 (WA), s 30, s 33, s 34 |
Case References: | Adelaide Brighton Cement v State of South Australia (1999) 75 SASR 209 Alister v The Queen (1983) 154 CLR 404 Clifford v Victorian Institute of Forensic Health [1999] VSC 359 CTC Resources NL v Australian Stock Exchange Ltd [2000] WASCA 19 D v National Society for the Prevention of Cruelty to Children [1978] AC 171 Kimberley Downs Pty Ltd v Western Australia (Unreported, WASC, Library No 6414, 25 August 1986) Kirika v Zurich Australian Insurance Ltd [2002] WASCA 233 Mallik v McGeown [2008] NSWCA 230 Mok v New South Wales Crime Commission [2002] NSWCA 53 National Auto Glass Supplies (Australia) Pty Ltd v Nielsen & Moller Autoglass (NSW) Pty Ltd [2006] FCA 1386; (2006) 156 FCR 148 Paharpur Cooling Towers Ltd v Paramount (WA) Ltd [No 2] [2009] WASC 73 Perkins v New South Wales Aboriginal Land Council (Unreported, NSWSC, 15 August 1997) Prefumo v Sutton [2011] WADC 59 Prefumo v Sutton [2011] WASC 151 R v Young (1999) 46 NSWLR 681 Royal Women's Hospital v Medical Practitioners Board of Victoria [2006] VSCA 85; (2006) 15 VR 22 Sands v The State of South Australia (No 2) [2010] SASC 340 Smith v ADVFN Plc [2008] EWHC 1797 (QB) The Australian Statistician v Leighton Contractors Pty Ltd [2008] WASCA 34 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
ARRIADNE MARIE NOELLE BRADLEY
Defendant
Catchwords:
Defamation - Application to strike out indorsement to writ - Whether defence of triviality available for statements made in private email - Whether statements to mental health clinic capable of communicating a defamatory meaning - Qualified privilege and malice - Turns on its own facts
Practice and procedure - Whether public interest immunity applied to patient notes held by area health service forming part of the Department of Health
Legislation:
Defamation Act 2005 (WA), s 30, s…
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Details
- AGLC
- Prefumo v Bradley [2011] WASC 251
- Case
- [2011] WASC 251
- Decision Date
CaseChat Overview and Summary
The case of Prefumo v Bradley involved the plaintiff, Prefumo, who brought a defamation action against the defendant, Bradley. The dispute arose from statements made in a private email, which were then forwarded to a mental health clinic. The court had to determine whether the defence of triviality was available for statements made in a private email, and whether those statements were capable of communicating a defamatory meaning. The court also had to consider whether qualified privilege and malice applied to the case, as well as whether public interest immunity applied to patient notes held by an area health service.
The court held that the defence of triviality was a matter to be determined on the facts of each case, and could be available for statements made in a private email. The court found that the statements made in the email were capable of communicating a defamatory meaning to the mental health clinic. The court also held that the defence of qualified privilege was available, as the email was sent for the protection of the interests of the sender, the recipient, and a third party. The court found that there was no malice on the part of the sender. The court further held that public interest immunity did not apply to the patient notes held by the area health service, as they were not relevant to the dispute.
The court adjourned the application to strike out for further directions, and denied the claim for public interest immunity. The court found that the patient notes were not relevant to the dispute, and that the defendant was not entitled to immunity. The court also held that the plaintiff had not established that the statements were trivial, and that the defence of qualified privilege was available. The court found that there was no malice on the part of the sender, and that the statements were capable of communicating a defamatory meaning. The court further held that the defence of qualified privilege was available, as the email was sent for the protection of the interests of the sender, the recipient, and a third party.
The court held that the defence of triviality was a matter to be determined on the facts of each case, and could be available for statements made in a private email. The court found that the statements made in the email were capable of communicating a defamatory meaning to the mental health clinic. The court also held that the defence of qualified privilege was available, as the email was sent for the protection of the interests of the sender, the recipient, and a third party. The court found that there was no malice on the part of the sender. The court further held that public interest immunity did not apply to the patient notes held by the area health service, as they were not relevant to the dispute.
The court adjourned the application to strike out for further directions, and denied the claim for public interest immunity. The court found that the patient notes were not relevant to the dispute, and that the defendant was not entitled to immunity. The court also held that the plaintiff had not established that the statements were trivial, and that the defence of qualified privilege was available. The court found that there was no malice on the part of the sender, and that the statements were capable of communicating a defamatory meaning. The court further held that the defence of qualified privilege was available, as the email was sent for the protection of the interests of the sender, the recipient, and a third party.
Orders
Orders of the court
Claim for public interest immunity not allowed
Application to strike out adjourned for further directions
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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