IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2016-404-1312
[2019] NZHC 467
UNDER the Defamation Act 1992 BETWEEN
JOHN DOUGLAS SELLMAN
First Plaintiff
BOYD ANTHONY SWINBURN
Second PlaintiffSHANE KAWENATA FREDERICK BRADBROOK
Third Plaintiff
AND
CAMERON JOHN SLATER
First Defendant
Cont’d …/2
Hearing: On the papers Counsel
J P Cundy for the Plaintiffs
B P Henry and S S Singh for the First Defendant E J Grove for the Second and Third Defendants
W Akel and J W S Baigent for Fourth and Fifth Defendants
Judgment:
18 March 2019
JUDGMENT No 7 OF PALMER J
[Costs]
This judgment is delivered by me on 18 March 2019 at 3.30 pm pursuant to r 11.5 of the High Court Rules.
Counsel/Solicitors:
.....................................................
Registrar / Deputy Registrar
Lee Salmon Long, Auckland (plaintiffs)
Brian Henry, Barrister, Auckland (1st defendant)
Shanahans Law Ltd, New Lynn, Auckland (1st defendant) Chris Patterson Barrister Ltd, Auckland (2nd & 3rd defendants) Andrew Walter Graham & Co, Auckland (2nd & 3rd defendants) William Akel, Barrister, Auckland (4th & 5th defendants) Simpson Grierson, Auckland (4th & 5th defendants)
SELLMAN v SLATER NO 7 [2019] NZHC 467 [18 March 2019]
CIV-2016-404-1312
… /2
CARRICK DOUGLAS MONTROSE GRAHAM
Second Defendant
FACILITATE COMMUNICATIONS LIMITED
Third Defendant
KATHERINE RICH
Fourth DefendantNEW ZEALAND FOOD AND GROCERY COUNCIL INC
Fifth Defendant
November 2018 interlocutory judgment
[1] On 23 November 2018, I issued judgment no 6 in this proceeding, on interlocutory issues.1 The summary was:
[1] Dr Doug Sellman, Dr Boyd Swinburn and Mr Shane Bradbrook sue Mr Cameron Slater, Mr Carrick Graham and Mr Graham’s company Facilitate Communications Ltd (FCL) for defamation and Mrs Katherine Rich and the New Zealand Food and Grocery Council Ltd (NZFGC) for procuring defamation. In this judgment I determine a second set of interlocutory applications:
(a)I decline Mr Slater’s application to exclude hacked documents obtained by the plaintiffs from Mr Nicky Hager at this stage of the proceeding because the evidence does not satisfy me they are inauthentic and they appear relevant to the applications about discovery.
(b)I grant a narrower version of the plaintiffs’ applications for particular discovery by Mr Slater, Mr Graham and FCL because there are grounds for believing they have not discovered relevant documents but the original applications were too broadly framed.
(c)I grant the plaintiffs’ applications for particular discovery by Mrs Rich and the NZFGC but only to a limited extent, for the avoidance of doubt and for updating purposes.
(d)I decline Mrs Rich’s and the NZFGC’s application for particular discovery by the plaintiffs because:
(i)The court’s ability to strike out a proceeding for abuse of process is not a parameter for discovery for the purposes of its trial.
(ii)Defamation law presumes a defamatory statement damages a plaintiff’s reputation in the eyes of those who may read it. The presumption cannot be rebutted by evidence of lack of consequences of harm to the plaintiff’s reputation in the eyes of groups of people who may or may…
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- Sellman v Slater [2019] NZHC 467
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- [2019] NZHC 467
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CaseChat Overview and Summary
The court orders that the plaintiffs recover 50 per cent of their costs from Mr Slater; 33 per cent of their costs from Mr Graham and Facilitate Communications Ltd; and 17 per cent of their costs from Mrs Rich and the NZFGC. The plaintiffs are to file a costs memorandum no later than 10 working days from the date of this judgment. The memorandum is to include submissions about the effect of bankruptcy on costs.
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