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Robinson v Quinlivan

Robinson v Quinlivan

Case [2005] WASC 196 2 September 2005

Defamation

Limitation Periods

Admissibility of Evidence

Defamation

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

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASC 196
Case No:	CIV:1406/2005	Heard:	17 AUGUST 2005
Coram:	MASTER NEWNES	Delivered:	2/09/05
No of pages:	14	Judgment Part:	1 of 1
Result:	Statement of claim struck out in part
Category:	B
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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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Robinson v Quinlivan

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