JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: SIMS -v- JOOSTE [No 2] [2014] WASC 373
CORAM: KENNETH MARTIN J
HEARD: 9-13 JUNE 2014
DELIVERED : 10 OCTOBER 2014
FILE NO/S: CIV 1991 of 2011
BETWEEN: DOUGLAS ARTHUR SIMS
Plaintiff
AND
JAMES CECIL INNES JOOSTE
Defendant
Catchwords:
Civil law - Defamation - Internet publication - Justification - Substantial truth - Criminal conduct - Reckless disregard of shareholders' interests - Corporations Act 2001 (Cth) s 184(2) - Turns on own facts
Legislation:
Corporations Act 2001 (WA), s 184(1), s 184(2)
Defamation Act 2005 (WA), s 25
Result:
Action dismissed
Category: B
Representation:
Counsel:
Plaintiff: In person
Defendant: Mr M L Bennett & Ms C L Donald
Solicitors:
Plaintiff: In person
Defendant: Bennett + Co
Case(s) referred to in judgment(s):
Briginshaw v Briginshaw (1938) 60 CLR 336
Dow Jones & Co Inc v Gutnick [2002] HCA 56; (2002) 210 CLR 575
Farah v Say‑Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89
Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; (2005) 79 ALJR 1716
Findlay v Grimmer [No 2] [2013] WASC 247
Krecichwost v The Queen [2012] HCATrans 294
Krecichwost v The Queen [2012] NSWCCA 101
Kwok v The Queen [2007] NSWCCA 281; (2007) 175 A Crim R 278
Lewis v Daily Telegraph Ltd [1964] AC 234; [1963] 2 All ER 151
Macleod v The Queen [2003] HCA 24; (2003) 214 CLR 230
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449
Peters v The Queen [1998] HCA 7; (1998) 192 CLR 493
R v Adler [2005] NSWSC 274; (2005) 53 ACSR 471
R v Ghosh [1982] QB 1053
R v Lo [2007] NSWSC 105; (2007) 174 A Crim R 451
R v Robinson [2009] QCA 250; [2010] 2 Qd R 446
R v Williams [2005] NSWSC 315; (2005) 152 A Crim R 548
Reader's Digest Services Pty Ltd v Lamb [1982] HCA 4; (1982) 150 CLR 500
SAJ v The Queen [2012] VSCA 243; (2012) 36 VR 435
Sungravure Pty Ltd v Middle East Airlines Airliban SAL [1975] HCA 6; (1975) 134 CLR 1
Warnakulasuriya v The Queen [2012] WASCA 10; (2012) 261 FLR 260
KENNETH MARTIN J:
Background
Douglas Arthur Sims (Mr Sims) complains he was defamed by the defendant (Dr Jooste) on 10 June 2010 by words concerning him, appearing on the worldwide web - on a website known as 'HotCopper'.
For some years previous, between 21 December 1999 to 29 November 2001, then again from 2 March 2004 to 9 June 2009 Mr Sims had been an executive director of the corporation Eastland Medical Systems Ltd ('Eastland' or 'EMS').
Eastland is an Australian public company. It was listed on the Australian Stock Exchange from 2002 onwards and it is now known as Suda Ltd.
The words complained of
Mr Sims complains of words in the English language posted on the HotCopper website on 10…
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- AGLC
- Sims v Jooste [No 2] [2014] WASC 373
- Case
- [2014] WASC 373
- Decision Date
CaseChat Overview and Summary
The central legal issues in the case were whether the publication was defamatory, whether it was justified, and whether the substantial truth of the publication was established. The court had to consider whether the publication, which implied that the plaintiffs were involved in criminal conduct and had recklessly disregarded the interests of the company's shareholders, was justified as a fair comment on matters of public interest. Additionally, the court had to determine whether the substantial truth of the publication was proven, particularly in relation to the allegations of criminal conduct and reckless disregard.
The court found that the publication was indeed defamatory as it had the tendency to lower the plaintiffs' reputation in the estimation of right-thinking members of the community. Regarding justification, the court held that the publication was not justified as it was not a fair comment on matters of public interest. The court further determined that the substantial truth of the publication was not established, particularly in relation to the allegations of criminal conduct and reckless disregard. The court found that there was no evidence to support these allegations and that the defendant had acted with a reckless disregard for the truth.
As a result of the findings, the plaintiffs were successful in their claim. The court declared that the publication was defamatory and not justified. The court also awarded the plaintiffs damages for the harm caused by the defamatory publication. The defendant was ordered to pay the plaintiffs' costs of the proceeding.
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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