| For a Court ready (fee required) version please follow this link |
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA483/2009 [2010] NZCA 624 |
| BETWEEN ERIN A LEIGH |
| AND THE ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF ENVIRONMENT |
| AND LINDSAY GOW |
| Hearing: 17 June 2010 |
| Court: William Young P, O'Regan and Ellen France JJ |
| Counsel: J G Miles QC and J S Langston for Appellant |
| Judgment: 17 December 2010 at 4 pm |
JUDGMENT OF THE COURT
A The appeal is allowed, to the extent that:
(a)the statements made in the Briefing Paper are capable of bearing the defamatory meanings pleaded; and
(b)the Oral Statements are capable of bearing the pleaded meaning that the appellant was overly emotional.
BThe Judge’s finding that Article 9 of the Bill of Rights Act 1688 precludes the pleading that the Minister’s statements in the House were a republication is upheld.
C The strikeout of the cause of action for negligent misstatement is upheld.
DParagraph [48] of the amended statement of claim is reinstated by consent.
EThe cross appeal is dismissed.
FNo order as to costs.
REASONS OF THE COURT
(Given by Ellen France J)
Table of Contents
Page No.
Introduction [1]
Factual background [5]
The judgment in the High Court [11]
Were the statements capable of defamatory meaning? [15]
The relevant pleadings [15]
The applicable principles [17]
This case [20]
“The plaintiff was incompetent” [23]
“The plaintiff was irresponsible” [30]
“The plaintiff was overly emotional” [33]
“The plaintiff was not fit to be employed by a Government department, Ministry or agency as a professional communications consultant” [35]
Were the Oral Statements capable of defamatory meaning? [39]
The impact of Article 9 [40]
The scope of proceedings in the House [66]
The pleadings issues [78]
One or two causes of action? [79]
The requirement to plead actual words [85]
Negligence[91]
Disposition[102]
Costs[106]
Introduction
Erin Leigh says that various statements (written and oral) made about her by the Ministry for the Environment (the Ministry) and by Lindsay Gow, the then Deputy Secretary of the Ministry, were defamatory. The statements were made in the context of providing material for the Minister for the Environment in order to answer Parliamentary Questions. Ms Leigh brought proceedings against the respondents seeking damages for defamation and negligence in relation to the statements. The respondents succeeded in the High Court in striking out some aspects of Ms Leigh’s amended claim.[1] Ms Leigh appeals and the respondents cross-appeal.
[1] Leigh v The Attorney-General HC Wellington CIV-2008-485-2315, 14 July 2009.
The appeal raises the following primary issues:
(a)Were the statements capable of bearing the defamatory meanings pleaded?
(b)Can Ms Leigh claim for damage to her reputation resulting from what the Minister said about her in Parliament and subsequent media reporting of what the Minister said?
(c)Are the statements made by the Ministry and Mr Gow covered by absolute privilege?
(d)Did the Ministry owe a duty of care to Ms…
Continue reading Leigh v Attorney-General
Sign in free to access the full text
- AGLC
- Leigh v Attorney-General [2010] NZCA 624
- Case
- [2010] NZCA 624
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.