Robinson v Quinlivan

Case [2005] WASC 196


ROBINSON -v- QUINLIVAN & ORS [2005] WASC 196



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASC 196
Case No:CIV:1406/200517 AUGUST 2005
Coram:MASTER NEWNES2/09/05
14Judgment Part:1 of 1
Result: Statement of claim struck out in part
B
PDF Version
Parties:LEE KERRYN ROBINSON
LYNETTE PATRICIA QUINLIVAN
THE WEST AUSTRALIAN NEWSPAPERS LIMITED (ACN 008 667 632)
SEAN COWAN

Catchwords:

Defamation
Application to strike out imputation
Whether capable of being conveyed
Plea of exemplary damages
Whether matters pleaded capable of giving rise to claim for exemplary damages
Turns on own facts

Legislation:

Nil

Case References:

Cohen v Sir Moses Montefiore Jewish Home & Ors [2003] NSWSC 502
Crestland Investments Pty Ltd v Parisi Holdings Pty Ltd [2003] WASC 148
Gardiner v Ray [1999] WASC 140
Gumina v Williams (No 1) (1990) 3 WAR 342
Jones v Skelton [1963] 1 WLR 1362
Lewis v Daily Telegraph Ltd [1964] AC 234
McCann v Switzerland Insurance Australia Limited (2000) 203 CLR 579
Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293
Sleeman v Nationwide News Pty Ltd [2004] NSWSC 954
Smith v New South Wales Bar Association (No 2) (1992) 176 CLR 256
Taylor v Jecks (1993) 10 WAR 309
Taylor v Network Ten (Perth) Pty Ltd [1999] WASC 264
Todd v Swan Television and Radio Broadcasters Pty Ltd [2001] WASC 334

Australian Consolidated Press v Uren (1966) 117 CLR 185
Byrne v Twaddle [2001] WASC 325
Chan v Trevor [2004] WASC 53
Community Radio Federation Ltd v Goja [1999] VSCA 72
Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440
Maxwell v Pressdram Ltd [1987] 1 WLR 298
Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663
Uren v John Fairfax & Sons Ltd (1966) 117 CLR 118

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : ROBINSON -v- QUINLIVAN & ORS [2005] WASC 196 CORAM : MASTER NEWNES HEARD : 17 AUGUST 2005 DELIVERED : 2 SEPTEMBER 2005 FILE NO/S : CIV 1406 of 2005 BETWEEN : LEE KERRYN ROBINSON
    Plaintiff

    AND

    LYNETTE PATRICIA QUINLIVAN
    First Defendant

    THE WEST AUSTRALIAN NEWSPAPERS LIMITED (ACN 008 667 632)
    Second Defendant

    SEAN COWAN
    Third Defendant



Catchwords:

Defamation - Application to strike out imputation - Whether capable of being conveyed - Plea of exemplary damages - Whether matters pleaded capable of giving rise to claim for exemplary damages - Turns on own facts




Legislation:

Nil



(Page 2)

Result:

Statement of claim struck out in part




Category: B


Representation:


Counsel:


    Plaintiff : Mr S M Davies
    First Defendant : Mr S J Lemonis
    Second Defendant : Mr W S Martin QC & Ms A H Pearce
    Third Defendant : Mr W S Martin QC & Ms A H Pearce


Solicitors:

    Plaintiff : Arns & Associates
    First Defendant : Fairweather & Lemonis
    Second Defendant : Edwards Wallace
    Third Defendant : Edwards Wallace



Case(s) referred to in judgment(s):

Cohen v Sir Moses Montefiore Jewish Home & Ors [2003] NSWSC 502
Crestland Investments…

Continue reading Robinson v Quinlivan

Sign in free to access the full text

Details
AGLC
Robinson v Quinlivan [2005] WASC 196
Case
[2005] WASC 196
Decision Date

CaseChat Overview and Summary

In Robinson v Quinlivan, the plaintiff, Lee Kerryn Robinson, brought a defamation action against the defendants, Lynette Patricia Quinlivan, The West Australian Newspapers Limited, and Sean Cowan. The plaintiff alleged that the defendants published defamatory statements about him in an article in The West Australian. The defendants applied to strike out certain parts of the plaintiff's amended statement of claim, arguing that the defamatory imputations were not capable of being conveyed by the words complained of and that the plaintiff's claim for exemplary damages was not supported by the facts pleaded. The court found that the imputation that the plaintiff had been dishonest in giving his evidence at trial was not capable of being conveyed by the words complained of. The court also held that the plaintiff's claim for exemplary damages was not supported by the facts pleaded, as the defendants' conduct did not amount to a contumelious disregard of the plaintiff's rights. Consequently, the court struck out the relevant parts of the plaintiff's statement of claim, with leave to the plaintiff to replead. The court will hear the parties on the issue of costs.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.