Shave v West Australian Newspapers Ltd

Link copied
Case Copied 28 min read

SHAVE -v- WEST AUSTRALIAN NEWSPAPERS LTD & ANOR [2000] WASC 172



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASC 172
Case No:CIV:1285/200023 JUNE 2000
Coram:HASLUCK J29/06/00
17Judgment Part:1 of 1
Result: Application to strike out dismissed
PDF Version
Parties:DOUGLAS JAMES SHAVE
WEST AUSTRALIAN NEWSPAPERS LTD (ACN 008 667 632)
JAMES ANDREW McGINTY

Catchwords:

Defamation
Pleadings
Imputation of criminal offence
Whether imputations clearly untenable or manifestly groundless
Understanding of ordinary reasonable reader

Legislation:

Finance Brokers Control Act
Rules of the Supreme Court 1971, O 20 r 19

Case References:

Bik v Mirror Newspapers Ltd [1979] 2 NSWLR 679
Foord v John Fairfax & Sons Ltd, unreported; SCt of NSW (Hunt J); No 2045 of 1986; 27 February 1987
Gumina v Williams (No 2) (1990) 3 WAR 351
Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440
Jones v Skelton [1963] 1 WLR 1362
Leslie v Mirror Newspapers Ltd (1971) 125 CLR 332
Lewis v Daily Telegraph Ltd [1964] AC 234
Mirror Newpapers Ltd v Harrison (1982) 149 CLR 293
Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663
Morgan v Odhams Press Ltd [1971] 1 WLR 1239
Nationwide News Pty Ltd v Abboud, unreported; SCt of WA; Library No 960710; 12 September 1996
Ron Hodgson (Trading) Pty Ltd v Belvedere Motors (Hurstville) Pty Ltd [1971] 1 NSWLR 472
Sim v Stretch [1936] 2 All ER 1237
Singleton v Hudson (1998) 20 WAR 191
Smith v Littlemore (1996) 15 WAR 289
Taylor v Jecks (1994) 10 WAR 309

Armitage v Double Bay Newspapers Pty Ltd, unreported; SCt of NSW; No 13056; 26 September 1991
Australian Consolidated Press v Uren (1966) 117 CLR 185
Emerson v Walker & Ors [1999] WASC 265
Metaxas v West Australian Newspapers Ltd & Anor, unreported; SCt of WA; Library No 970411; 18 August 1997
Rantzen v Mirror Group Newspapers Ltd [1994] QB 670
Ronci v Nationwide News Pty Ltd & Anor, unreported SCt of WA; Library No 960340; 21 June 1996
Slatyer v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1
Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : SHAVE -v- WEST AUSTRALIAN NEWSPAPERS LTD & ANOR [2000] WASC 172 CORAM : HASLUCK J HEARD : 23 JUNE 2000 DELIVERED : 29 JUNE 2000 FILE NO/S : CIV 1285 of 2000 BETWEEN : DOUGLAS JAMES SHAVE
    Plaintiff

    AND

    WEST AUSTRALIAN NEWSPAPERS LTD (ACN 008 667 632)
    First Defendant

    JAMES ANDREW McGINTY
    Second Defendant



Catchwords:

Defamation - Pleadings - Imputation of criminal offence - Whether imputations clearly untenable or manifestly groundless - Understanding of ordinary reasonable reader




Legislation:

Finance Brokers Control Act


Rules of the Supreme Court1971, O 20 r 19

(Page 2)

Result:

Application to strike out dismissed

Representation:


Counsel:


    Plaintiff : Mr D M Stone
    First Defendant : Ms C Galati
    Second Defendant : In person


Solicitors:

    Plaintiff : Williams & Hughes
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Shave v West Australian Newspapers Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2000] WASC 172
Decision Date

CaseChat Overview and Summary

The case of Shave v West Australian Newspapers Ltd was heard in the Supreme Court of Western Australia. The plaintiff, Shave, sought to sue the defendant, West Australian Newspapers Ltd, for defamation. The newspaper had published an article containing imputations that Shave had committed a serious criminal offence. Shave argued that the imputations were defamatory, false, and had caused damage to his reputation. The defendant sought to have the pleadings struck out, arguing that the imputations were clearly untenable or manifestly groundless.

The legal issues before the court were whether the imputations were clearly untenable or manifestly groundless and whether an ordinary reasonable reader would understand the imputations in the context of the article. The court had to consider the standard of proof required for such an application and the relevant tests for determining whether imputations are clearly untenable or manifestly groundless.

The court dismissed the application to strike out. It held that the standard of proof for an application to strike out was high and that the imputations were not clearly untenable or manifestly groundless. The court found that an ordinary reasonable reader would understand the imputations in the context of the article and that the imputations were not so outrageous that no sensible person could have held them. The court held that the plaintiff had made out a prima facie case for defamation and that the matter should proceed to trial.

The court did not make any final orders in this case, as it was an application to strike out the pleadings. The case will proceed to trial to determine whether the defendant is liable for defamation and, if so, the amount of damages the plaintiff is entitled to receive.

Orders

Orders of the court

Application to strike out dismissed

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.