IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV-2009-485-002638 [2012] NZHC 934
UNDER the Defamation Act 1992, s 3(2) of the Crown Proceedings Act 1950 and s 16 of the Judicature Act 1908
BETWEEN LYSETTE LILLIAN DU CLAIRE Plaintiff
ANDMATTHEW SIMON RUSSELL PALMER First Defendant
ANDCROWN LAW OFFICE Second Defendant
Hearing: 20-23 February 2012 and written submissions exchanged by 19 March
2012
Counsel: Plaintiff in person
M McClelland and U Jagose for Defendants
Judgment: 7 May 2012
JUDGMENT OF ASHER J
This judgment was delivered by me on Monday, 7 May 2012 at 4.30pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors/Counsel:
Crown Law, DX SP 20208, Wellington. Email: una.jagose@crownlaw.govt.nz
M McClelland, PO Box 10242, The Terrace, Wellington. Email: mmcclelland@legalchambers.co.nz
Copy to:
L du Claire, 7 Grant Road, Thorndon, Wellington 6011. Email: lysette@paradise.net.nz
DU CLAIRE V PALMER HC WN CIV-2009-485-002638 [7 May 2012]
Table of Contents
Para No
Introduction [1] Background [3] First cause of action [4]
Second cause of action [27] Third cause of action [32] Subsequent events [34] Approach to the issues [37] First cause of action: the 13 May 2009 letter [39] Honest opinion [48] Are the statement of opinion and not fact? [49]
Are the statements based on facts that are true or not materially
different from the truth? [54]
The background to the affidavit of documents [60] The affidavit of documents – the events of 16 March 2009 [72] Miss du Claire’s later statements relating to the affidavit of documents [87] Other matters [94] Conclusion as to the true facts [97]
Whether the opinion was genuine [102] Conclusion on honest opinion [108] Qualified privilege [109] An occasion of qualified privilege? [110]
Ill will? [120] Conclusion on first cause of action [124] Second cause of action: the 18 May 2009 e-mail [125] Honest opinion
Are they statements of opinion and not fact? [130]
Are the statements based on facts that are true or not materially
different from the truth? [133] Whether the opinion was genuine [140] Qualified privilege [144] Third cause of action: the 25 August 2009 letter [148] Honest opinion [150] Qualified privilege [154] Fourth and fifth causes of action: misfeasance in a public office [160] Facts of the alleged misfeasance [167] Assessment of the misfeasance allegations – was there malice? [182]
Other allegations of misconduct/malice by Miss du Claire against
Dr Palmer [186] Claims against Crown Law Office [192] Loss [194] Conclusion [195] Suppression [196] Result [200] Costs [201]
Introduction
[1] In 2009 the plaintiff Lysette du Claire was employed as a solicitor in the Litigation Management Unit of the Inland Revenue Department. The first defendant, Matthew Palmer, was the Deputy Solicitor-General at the Crown Law Office. On three occasions between 13 May 2009 and 25 August 2009, Dr Palmer communicated to the Inland Revenue Department concerns that he had about Miss du Claire’s actions as solicitor in an Inland Revenue Department proceeding in which Crown Law was involved. He was critical of her, and set out proposed steps…
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- Case
- [2012] NZHC 934
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Background
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