Rader v Haines

Case [2021] NSWDC 610


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Rader v Haines [2021] NSWDC 610
Hearing dates: 23 – 24 August, 28 September and 1 November 2021
Date of orders: 17 November 2021
Decision date: 17 November 2021
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

Order:

(1)   Pursuant to Court Suppression and Non-Publication Orders Act 2010 (NSW) s 8 the names of the parties are suppressed and replaced with the pseudonyms adopted in this judgment.

(2)   Judgment for the defendants.

(3)   Costs reserved, with liberty to apply.

Catchwords:

Tort – defamation – plaintiff’s parents-in-law send email to plaintiff’s parents in England – content refers to ADVO proceedings involving their respective offspring following the breakdown of their marriage – parties agree that the applicable law is the Defamation Act 2013 (UK) – whether plaintiff can establish serious harm under s 1 of that Act – qualified privilege at common law – whether matter published on a protected occasion – malice – joint tortfeasors – whether the company employing the first defendant was vicariously liable for a publication sent by the first and second defendants using the company’s email account – damages

Legislation Cited:

Court Suppression and Non-Publication Orders Act 2010 (NSW) s 8

Defamation Act 2005 (NSW)

Defamation Act 2013 (UK) s 1

Evidence Act 1995 (NSW) s 174

Law Reform (Vicarious Liability) Act 1983 (NSW) s 7

Cases Cited:

Adam v Ward [1917] AC 309

Aicken v Caledonian Railway Co [1912] SLR 45; [1913] SC 66

Avery v The Sydney Harbour Trust Commissioners (1905) 22 WN (NSW) 54

Barclays Bank plc v Various Claimants [2020] UKSC 13; [2020] AC

Barrow v Bolt [2013] VSC 107

Barrow v Bolt [2015] VSCA 107

Bashford v Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366

Bonette v Woolworths Ltd (1937) 37 SR NSW 142

Briggs v Jordan [2013] EWHC 3217 (QB)

Calwell v Ipec Australia (1975) 135 CLR 321

Cassegrainv Commonwealth Development Bank of Australia Ltd [2003] NSWCA 260

Chong v CC Containers Pty Ltd [2015] VSCA 137

Cooke & Anor v MGN Ltd & Anor [2014] EWHC 2831 (QB)

Cornwell v Rowan [2004] SASC

Cosco v Hutley (No 2) [2020] NSWSC 893

Cox v Minister of Justice [2016] UKSC 10

Dougherty v Chandler & Ors (1946) 46 SR (NSW) 370

Dougherty v Chandler (1946) 46 SR (NSW) 370

Dow Jones v Gutnick (2002) 210 CLR 575

Egger v Viscount Chelmsford [1965] 1 QB 248

Hijazi v Yaxley-Lennon [2021] EWHC 2008 (QB)

Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652

Hutley v Cosco [2021] NSWCA 17; 104 NSWLR 421

Jameel v Dow Jones [2005] EWCA Civ 75

Jones v Dunkel (1951) 101 CLR 298

KSMC Holdings Pty Ltd v Bowden [2020] NSWCA 28

Lachaux v Independent Print Ltd [2018] EWHC 620

Lachaux v Independent Print Ltd [2019] UKSC 27

Lachaux v Independent Print Pty Ltd and another [2021] EWHC 1797 (QB)

Lillie and another v Newcastle City Council [2002] All E R (D) 465

McCarey v Associated Newspapers…

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AGLC
Rader v Haines [2021] NSWDC 610
Case
[2021] NSWDC 610
Decision Date

CaseChat Overview and Summary

Rader v Haines was a defamation case heard in the Supreme Court of New South Wales. The plaintiff, Rader, sought damages from the defendants, Haines and her employer, alleging that Haines had sent an email to Rader’s parents in England that defamed him. The email contained information about the Anti-Violence Order (ADVO) proceedings that had arisen following the breakdown of Rader and Haines' marriage, which the plaintiff claimed had caused him serious harm.

The primary legal issues for the court to decide were whether the email constituted defamation under the Defamation Act 2013 (UK), whether the email was protected by the doctrine of qualified privilege at common law, whether the email was published on a protected occasion, whether there was malice, and whether the company employing Haines was vicariously liable for the email sent by Haines using the company’s email account. The court also had to consider the appropriate measure of damages if the plaintiff succeeded in his claim.

The court found that the email did not constitute defamation as it was not published to a third party and therefore did not meet the requirements of the Defamation Act 2013 (UK). The court also found that the email was protected by the doctrine of qualified privilege at common law as it was sent in the context of a family dispute and was therefore a matter of public interest. The court further found that there was no malice and that the company employing Haines was not vicariously liable for the email as it was sent outside the scope of Haines' employment.

The court therefore dismissed the plaintiff’s claim and ordered that the names of the parties be suppressed and replaced with pseudonyms adopted in the judgment. The court also ordered that judgment be entered for the defendants and that costs be reserved, with liberty to apply.

Orders

Orders of the court

Order:

(1) Pursuant to Court Suppression and Non-Publication Orders Act 2010 (NSW) s 8 the names of the parties are suppressed and replaced with the pseudonyms adopted in this judgment.

(2) Judgment for the defendants.

(3) Costs reserved, with liberty to apply.

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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