Vinon Holdings Pty Ltd v MARTIN

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VINON HOLDINGS PTY LTD & ANOR -v- MARTIN & ORS [2001] WASC 260



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASC 260
Case No:CIV:1539/200127 SEPTEMBER 2001
Coram:HASLUCK J5/10/01
12Judgment Part:1 of 1
Result: Application allowed in part
B
PDF Version
Parties:VINON HOLDINGS PTY LTD (ACN 090 137 849)
ROBERT ANTHONY ZANON
BEN MARTIN
BEN HARVEY
WEST AUSTRALIAN NEWSPAPERS LTD

Catchwords:

Defamation
Application to strike out
Issues concerning identification and the form of the pleaded imputations
Turns on own facts

Legislation:

Rules of the Supreme Court, O 20 r 19(1)(a)

Case References:

Consolidated Trust Co Ltd v Browne (1948) 49 SR (NSW) 86
David Syme & Co v Canavan (1918) 25 CLR 234
Interval Resort Networks (A/Asia) Pty Ltd v West Australian Newspapers Ltd [1999] WASC 2
Jones v E Hulton & Co [1909] 2 KB 444
Jones v Skelton [1963] 1 WLR 1362
Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663
Slatyer v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1
Sungravure Pty Ltd v Middle East Airlines Airliban SAL (1975) 124 CLR 1
Taylor v Jecks (1993) 10 WAR 309

Barclay v Cox [1968] VR 664
Emerson v Walker & Ors [1999] WASC 265
Gardiner v Ray [1999] WASC 140
Heytesbury Holdings Pty Ltd v City of Subiaco (1998) 19 WAR 440
Lewis v Daily Telegraph Ltd [1964] AC 234
Loughans v Odhams Press Ltd [1963] 1 QB 299
Mickelberg v 6PR Southern Cross Radio Pty Ltd [2001] WASC 33
Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293
World Hosts Pty Ltd v Mirror Newspapers Ltd [1978] 1 NSWLR 189

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : VINON HOLDINGS PTY LTD & ANOR -v- MARTIN & ORS [2001] WASC 260 CORAM : HASLUCK J HEARD : 27 SEPTEMBER 2001 DELIVERED : 5 OCTOBER 2001 FILE NO/S : CIV 1539 of 2001 BETWEEN : VINON HOLDINGS PTY LTD (ACN 090 137 849)
    First Plaintiff

    ROBERT ANTHONY ZANON
    Second Plaintiff

    AND

    BEN MARTIN
    First Defendant

    BEN HARVEY
    Second Defendant

    WEST AUSTRALIAN NEWSPAPERS LTD
    Third Defendant



Catchwords:

Defamation - Application to strike out - Issues concerning identification and the form of the pleaded imputations - Turns on own facts



(Page 2)

Legislation:

Rules of the Supreme Court, O 20 r 19(1)(a)




Result:

Application allowed in part




Category: B


Representation:


Counsel:


    First Plaintiff : Mr R W Richardson
    Second Plaintiff : Mr R W Richardson
    First Defendant : Ms C Galati
    Second Defendant : Ms C Galati
    Third Defendant : Ms C Galati


Solicitors:

    First Plaintiff : A C Thorpe
    Second Plaintiff : A C Thorpe
    First Defendant : Edwards Wallace
    Second Defendant : Edwards Wallace
    Third Defendant : Edwards Wallace


Case(s) referred to in judgment(s):

Consolidated Trust Co Ltd v Browne (1948) 49 SR (NSW) 86
David Syme & Co v Canavan (1918) 25 CLR 234
Interval Resort Networks (A/Asia) Pty Ltd v West Australian Newspapers Ltd [1999] WASC…
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Details
Case
[2001] WASC 260
Decision Date

CaseChat Overview and Summary

Vinon Holdings Pty Ltd and Robert Anthony Zanon sought to bring a defamation claim against Ben Martin, Ben Harvey, and West Australian Newspapers Ltd in the Supreme Court of Western Australia. The plaintiffs alleged that the defendants published two articles in The West Australian, suggesting that Vinon Holdings Pty Ltd, trading as New Age Security, had links to the Coffin Cheaters, a bikie gang. The defendants filed an application to strike out certain paragraphs of the statement of claim on the grounds that they failed to disclose a reasonable cause of action and would prejudice, embarrass, or delay the fair trial of the action. The legal issues before the court were whether the pleaded imputations arose from the words complained of, whether the words were capable of conveying a meaning defamatory of the plaintiffs, and whether the plaintiffs had sufficiently identified themselves in the statement of claim. The court found that the plaintiffs had sufficiently identified themselves in the statement of claim, as the articles mentioned the second plaintiff, Robert Zanon, as the managing director of New Age Security. The court also found that the imputations pleaded were capable of arising from the words complained of and were capable of conveying a meaning defamatory of the plaintiffs. However, the court struck out paragraphs 8.2 and 8.3 of the statement of claim as they were not capable of being conveyed by the matter complained of and were not defamatory of the plaintiffs. The court allowed the application in part and struck out the specified paragraphs of the statement of claim.

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