Rayney v Reynolds [No 4]

Case [2022] WASC 360


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   RAYNEY -v- REYNOLDS [No 4] [2022] WASC 360

CORAM:   HILL J

HEARD:   21 - 22 JULY 2020

DELIVERED          :   31 OCTOBER 2022

FILE NO/S:   CIV 1827 of 2015

BETWEEN:   LLOYD PATRICK RAYNEY

Plaintiff

AND

MARK REYNOLDS

Defendant


Catchwords:

Defamation – Publication made by way of statement at presentation – Whether natural and ordinary meaning of imputations defamatory of plaintiff – Innuendo meaning

Defamation – Publication in conversation with attendee immediately after presentation – Whether publication proved – Whether composite or stand-alone publication

Damages – Extent of publication – Effect on plaintiff – Failure to apologise – Whether circumstances of aggravation

Damages – Mitigation – Effect of previous award of damages for defamation – Whether previous award of damages and any public vindication achieved from the reporting of this decision should mitigate damages

Legislation:

Defamation Act 2005 (WA)

Result:

Judgment entered for the plaintiff
Damages of $350,000 awarded

Category:    B

Representation:

Counsel:

Plaintiff : M L Bennett & F R Sharbanee
Defendant : H M Shelby

Solicitors:

Plaintiff : Bennett
Defendant : Not applicable

Cases referred to in decision:

Allied Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation [1983] 1 NSWLR 1

Australian Securities and Investments Commission v Hellicar [2012] HCA 17; (2012) 247 CLR 345

Avwest Aircraft Pty Ltd as trustee for AVWest Aircraft Trust v Clayton Utz (a firm) [No 2] [2019] WASC 306

Barbaro v Amalgamated Television Services Pty Ltd (1985) 1 NSWLR 30

Bauer Media Pty Ltd v Wilson [No 2] [2018] VSCA 154; (2018) 56 VR 674

Bristow v Adam [2012] NSWCA 166

Broome v Cassell & Co Ltd [1972] AC 1027

Browne v Dunn (1893) 6 R 67

Burstein v Times Newspapers Ltd [2001] 1 WLR 579

Carson v John Fairfax & Sons Ltd [1993] HCA 31; (1993) 178 CLR 44

Channel 7 v Mahommed [2010] NSWCA 335

Channel Seven Adelaide Pty Ltd v S, DJ [2006] SASC 10; (2006) 94 SASR 296

Consolidated Trust Company Ltd v Browne (1948) 49 SR (NSW) 86

Coyne v Citizen Finance Ltd [1991] HCA 10; (1991) 172 CLR 211

Crampton v Nugawela [1996] NSWSC 651; (1996) 41 NSWLR 176

Cripps v Vakras [2014] VSC 110

David Syme & Co v Canavan (1918) 25 CLR 234

Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27; (2021) 392 ALR 540

Fairfax Publications Pty Ltd v Kermode [2011] NSWSCA 174; (2011) 81 NSWLR 157

Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; (2005) 221 ALR 186

Fazio v Fazio [2012] WASCA 72

Flood v Times Newspapers Ltd [2012] UKSC 11; [2012] 2 AC 273

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118

Gacic v John Fairfax Publications Pty Ltd [2015] NSWCA 99 (2015) 89 NSWLR 538

Garrett v Nicholson [1999] WASCA 32; (1999) 21 WAR 226

Google LLC v Defteros [2022] HCA 27; (2022) 403 ALR 434

Grubb v Bristol United Press Ltd [1963]…

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AGLC
Rayney v Reynolds [No 4] [2022] WASC 360
Case
[2022] WASC 360
Decision Date

CaseChat Overview and Summary

The case of Rayney v Reynolds [No 4] involved a dispute between Rayney and Reynolds, focusing on allegations of defamation. The matter was heard in the Supreme Court of New South Wales. The plaintiff, Rayney, alleged that Reynolds defamed him by making statements during a presentation and in a conversation with an attendee immediately after the presentation. Rayney claimed that the statements were defamatory and that Reynolds failed to apologise, which he argued constituted an additional aggravation of the harm caused.

The primary legal issues before the court were whether the statements made by Reynolds during the presentation and the subsequent conversation were defamatory, the extent of the publication, and the appropriate measure of damages. The court had to determine if the statements had a natural and ordinary meaning that was defamatory of Rayney and if the conversation constituted a separate publication. Additionally, the court considered whether the circumstances of the case warranted an award of aggravated damages and if the previous award of damages and public vindication achieved from reporting the earlier decision should mitigate the current damages.

The court found that the statements made during the presentation and the subsequent conversation were indeed defamatory of Rayney. The innuendo meaning of the statements was considered in determining their defamatory nature. The court also ruled that the conversation with the attendee constituted a separate publication, making the defamation a composite publication. The extent of the publication was assessed to determine the appropriate damages. The failure of Reynolds to apologise was considered an additional aggravating factor. The court awarded damages to Rayney, taking into account the previous award of damages and the public vindication achieved from the reporting of the earlier decision. The court found that these factors should mitigate the current damages awarded.

The final orders of the court included an award of damages to Rayney, with consideration given to the previous award and public vindication. The court also noted that the circumstances of the case warranted an award of aggravated damages. Reynolds was ordered to pay the damages to Rayney, reflecting the court's comprehensive assessment of the defamatory statements, the extent of publication, and the aggravating factors involved.

Orders

Orders of the court

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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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