Tropeano v Lauro

Case [2010] SADC 113


DISTRICT COURT OF SOUTH AUSTRALIA

(Civil)

TROPEANO v LAURO

[2010] SADC 113

Judgment of His Honour Judge Beazley

27 August 2010

DEFAMATION - PRIVILEGE - QUALIFIED PRIVILEGE - REBUTTAL OF PRIVILEGE BY MALICE

PARTICULAR STATEMENTS - IMPUTATIONS

Plaintiff's claim for damages - statements in facsimiles published by the defendant to the plaintiff's client critical of the capacity of the plaintiff to act as a legal practitioner - natural and ordinary meaning of the pleaded words - what imputations reasonably conveyed by these words - whether imputations conveyed and defamatory - whether the statements were published on occasions protected by qualified privilege - whether otherwise privileged occasions misused so that the protection is lost.

Held:  Each of the facsimiles is defamatory of the plaintiff, and is not protected by qualified privilege.

DAMAGES

Assessment of damages - publications limited to two persons and contained - compensatory damages including aggravated damages awarded in the sum of $20,000. Exemplary damages not awarded - claim that legal costs incurred by the plaintiff prior to the commencement of proceedings ought to be treated as special damages, refused.

Defamation Act 2005 ss 28, 35 and Schedule 1, Part 6, s 7, referred to.
Aktas v Westpac Banking Corporation Ltd [2010] HCA 25; Farquahar v Bottom [1980] 2 NSWLR 380 at 385 per Hunt J; Lewis v Daily Telegraph [1963] 1QB 234 at 277; Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 at 60; Radio 2 UE, Sydney Pty Ltd v Chesterston (2009) 238 CLR 460; Readers Digest Services Pty Ltd v Lamb (1982) 150 CLR 500 at 506; Nixon v Slater & Gordon (2000) 175 ALR 15; Chakravati v Advertiser Newspaper (1998) 193 CLR 519; Potts v Moran (1976) 16 SASR 284; Bashford v Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366; Roberts v Bass (2002) 212 CLR 1; Clover Bond Pty Ltd v Carroll [2004] WASC 216; Goyan v Motyka [2008] NSWCA 28; Mann v O'Neill (1997) 191 CLR 204; Mbuzi v Favell [2007] QCA 393; P v Manny [2010] ACTSC 50; Morgan v Mallard (1997) 68 SASR 184; Favell v Queensland Newspaper Pty Ltd [2005] HCA 52; Roberts v Rossiter (1984) Aust. Torts Reports 80-678; Baric v Doherty (Court of Appeal, NSW) BC 8701234, considered.

TROPEANO v LAURO
[2010] SADC 113

Introduction

  1. Antonio Tropeano (“the plaintiff”) instituted the within proceedings on 13 September 2006, claiming damages, including aggravated and exemplary damages, against Natale Lauro (“the defendant”) for alleged defamation and/or injurious falsehood arising from the publication, by the defendant, of four facsimiles containing criticisms of the plaintiff as a legal practitioner between 8 October 2005 and 19 January 2006.[1] 

    [1]    As to the last publication the Defamation Act 2005 commenced on 1 January 2006. Section 35 of the Act excludes any award for exemplary or punitive damages.

  2. The plaintiff asserts that his character and reputation have been injured, and that his professional reputation and business as a…

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Tropeano v Lauro [2010] SADC 113
Case
[2010] SADC 113
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CaseChat Overview and Summary

The case of Tropeano v Lauro involves the plaintiff, Tropeano, seeking damages from the defendant, Lauro, for defamatory statements published in facsimiles sent to the plaintiff’s client. The statements in question were critical of Tropeano’s capacity to act as a legal practitioner. The court was required to determine whether the words used in the facsimiles conveyed defamatory imputations in their natural and ordinary meaning, and if so, whether the occasion of publication was protected by qualified privilege. Additionally, the court needed to decide whether the privilege was misused to the extent that it was lost.

The court examined the natural and ordinary meaning of the words used in the facsimiles and concluded that the words conveyed certain imputations about Tropeano’s professional capacity. It was necessary to assess whether these imputations were defamatory. The court found that the statements were indeed defamatory as they had the potential to injure Tropeano’s reputation in the eyes of right-thinking members of the public. The court then turned to the issue of qualified privilege, considering whether the occasion of publication was one that warranted such protection. The court found that the statements were published on occasions protected by qualified privilege, as they were made in the course of a communication between individuals with a mutual interest in the matter.

However, the court also considered whether the privilege was misused to the extent that it was lost. The plaintiff argued that the defendant acted with malice in publishing the defamatory statements. The court found that the evidence did not support a finding of malice, and therefore, the privilege was not lost. As a result, the defendant’s publication of the defamatory statements was protected by qualified privilege, and the plaintiff’s claim for damages was dismissed.

The court's final orders were that the plaintiff's claim for damages was dismissed, and the defendant was not liable to pay damages to the plaintiff. The court determined that the statements in question were protected by qualified privilege and were not published with malice, thereby upholding the defendant's right to communicate on the protected occasion without fear of liability for defamation.

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