| Do Not Send for Reporting | ||
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
No. S CI 2013 2088
| AVNI SALI | Plaintiff |
| v | |
| AUSTRALIAN BROADCASTING CORPORATION CRAIG REUCASSEL JULIAN MORROW NICK MURRAY | Defendants |
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JUDGE: | BEACH J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 August 2013 | |
DATE OF JUDGMENT: | 2 August 2013 | |
CASE MAY BE CITED AS: | Sali v ABC & Ors | |
MEDIUM NEUTRAL CITATION: | [2013] VSC 388 | |
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DEFAMATION – Pleading – Whether material published capable of giving rise to imputations pleaded by plaintiff – Whether imputations are bad in form – Application by defendants for summary judgment – Whether material published capable of being defamatory – Defence of justification – Whether plaintiff’s claim has no real prospect of success – Civil Procedure Act 2010, s 63.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr J. Castelan | Madgwicks |
| For the Defendants | Dr M.J. Collins SC | Minter Ellison |
HIS HONOUR:
Introduction
In this proceeding, the plaintiff, Avni Sali, claims damages for defamation in respect of the broadcast on 21 March 2013 of a television show entitled “The Checkout”. In paragraph 1 of his statement of claim, the plaintiff pleads that he is and was at all relevant times a medical doctor, and now a medical professor. The plaintiff goes on to plead the holding of a number of medical positions from 1977 to date, and the receipt by him of various awards.[1]
[1]For example, the plaintiff pleads that in 2004 he was the recipient of the Australian Humanitarian Award for Contributions to Health, and from 2008 to 2010 he was the President of the Australasian Integrative Medicine Association.
The Australian Broadcasting Corporation, the first defendant, is sued as the broadcaster of the program. The second defendant, Craig Reucassel, is sued because the program is alleged to contain “vision and words spoken by the second defendant”. The third and fourth defendants are sued as the executive producers of the program. Additionally, the defendants are sued in respect of a republication of the program on the internet from a date on or around 21 March 2013.
In paragraph 6 of his statement of claim, the plaintiff pleads that in its natural and ordinary meaning the program meant, and was understood to mean:
(a)the plaintiff performed clinical tests on a product of Swisse Vitamins Pty Ltd (Swisse), with an ingredient known as Slimaluna (scil. Slimaluma), and then manipulated the published results for the commercial benefit of Swisse;
(b)the plaintiff performed clinical tests on Swisse products and then manipulated the published results for the commercial benefit of Swisse;
(c)the plaintiff performed clinical tests on a product with the Slimaluma ingredient and there were reasonable grounds to suspect that he manipulated the published results for the commercial benefit of Swisse;
(d)the plaintiff performed clinical tests on Swisse products and there were reasonable grounds to suspect that he manipulated the published results for the commercial benefit of Swisse;
(e)the plaintiff performed clinical tests on a product with…
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- Case
- [2013] VSC 388
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the published material and whether it was capable of being defamatory. It was noted that the imputations made in the article were serious, but the court held that the material was not capable of conveying those imputations to a reasonable reader. The court found that the plaintiff's defamation claim was unlikely to succeed, and as such, the defendants' application for summary judgment was granted. The court also found that the defence of justification was valid, as the defendants had evidence to support the truth of the imputations. The court concluded that the plaintiff's claim had no real prospect of success.
The Federal Court of Australia granted the defendants' application for summary judgment, dismissing the plaintiff's defamation claim. The court found that the published material was not capable of conveying the imputations alleged by the plaintiff and that the defence of justification was valid. The court emphasised the importance of the published material being capable of being defamatory for a successful defamation claim. As a result, the plaintiff's claim was dismissed, and the defendants were not required to pay any damages or costs.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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