Wyatt v Cutbush

The case of Wyatt v Cutbush involved the plaintiffs, the first being the Managing Director and Chief Executive Officer of the second plaintiff, a company that provides transcription services. They brought an action against the defendant, a former employee, for defamation arising from emails sent by the defendant. The defendant had not responded to the claim, leading to a default judgment being entered against him. The defendant subsequently applied to set aside the default judgment. The primary issue for the court was whether the defendant had provided a satisfactory explanation for his failure to appear and his delay in bringing the application to set aside the default judgment. Another key issue was whether the defendant's claim that the defamatory statements constituted public interest disclosures provided him with immunity from civil action.

The court considered whether the defendant's explanation for the delay in filing the application was satisfactory and whether there was any basis to conclude that the defendant had a defence on the merits or other reasons that warranted a trial. The court found that the defendant had not provided a satisfactory explanation for his delay in bringing the application to set aside the default judgment. The defendant's claim that the defamatory statements constituted public interest disclosures did not, in the court's view, provide him with immunity from civil action. The court held that there was no prima facie defence disclosed and no other good reason for setting aside the default judgment.

The court ultimately decided not to set aside the default judgment. It noted that the plaintiffs' claim for damages was not yet statute-barred and that the plaintiffs were entitled to judgment as sought in their claim. The court ordered the parties to discuss the form of orders and costs.