IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2017-409-000548
[2019] NZHC 558
BETWEEN DION MOHI WIREMU
Plaintiff
AND
BRIAN ASHBY
Defendant
Trial: 11, 12 March 2019 Appearances:
T J Mackenzie for Plaintiff
P N Allan and A McKenzie for Defendant
Judgment:
25 March 2019
JUDGMENT OF OSBORNE J
[1] The plaintiff, Dion Wiremu, and the defendant, Brian Ashby, are involved with motocross riding and racing. Mr Wiremu has been particularly involved with the Canterbury Mini Motocross Club Inc (“CMMC”), of which he has served for some years as president.
[2] On 8 July 2017 Mr Ashby posted a collage of photographs to his Grassroots MX page and his Tex MX personal Facebook profile which showed the plaintiff at a motocross event. The photographs carried annotations stating (in a number of ways) that Mr Wiremu was a cheat.
[3] Mr Wiremu promptly sought an apology and a retraction of the allegations. Mr Ashby took down the post but did not apologise or retract the allegations.
[4]Mr Wiremu brings this claim in defamation.
WIREMU v ASHBY [2019] NZHC 558 [25 March 2019]
The claims and defences
[5] Mr Wiremu identifies the following statements made by Mr Ashby as annotations to the published photographs:
(a)I’m in shock Dion is a cheater.
(b)Cheat.
(c)Here’s a cheat.
(d)Cheater returned to the uncheating zone.
(e)“I’m so delusional” … who condones cheating?
(f) Dion was docked points for cheating… (collectively “the Statements”).
[6] Mr Ashby pleads that the Statements in their natural and ordinary meanings would have been understood to mean that:
(a)Mr Wiremu engages in cheating behaviour at sports events;
(b)Mr Wiremu is dishonest and lacks integrity; and
(c)Mr Wiremu is deceitful and fraudulent.
[7] Mr Wiremu seeks a declaration that Mr Ashby is liable to him in defamation. He seeks general damages of $50,000.
[8] Mr Ashby by his statement of defence accepted that Mr Wiremu’s first pleaded meaning (that Mr Wiremu engages in cheating behaviour at sports events) is not materially different from the words’ natural and ordinary meaning and how they would have been understood. Mr Ashby denies the other pleaded meanings.
[9] Mr Ashby accepts that the Statements themselves were defamatory of Mr Wiremu.
[10] He pleads that he removed the post from Facebook on or about 9 July 2017, within one or two days of Mr Wiremu’s requesting removal.
[11]Mr Ashby pleads three affirmative defences:
(a)Under s 8 Defamation Act 1992, he says that the Statements were true or not materially different from the truth.
(b)Under s 9 of the Act, he says that the Statements were his honest and genuine opinion and were reasonably based on the facts presented in the accompanying photographs.
(c)Under s 16 of the Act, he says that the Statements complained of meet the criteria for a defence of qualified privilege because they were a defence against attack.
[12]He particularises the qualified privilege pleading:
Particulars [of qualified privilege]
(a)On 7 July 2018, in the plaintiff’s Facebook page…
Continue reading Wiremu v Ashby
Sign in free to access the full text
- AGLC
- Wiremu v Ashby [2019] NZHC 558
- Case
- [2019] NZHC 558
- 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.