Wishart v Murray

[2013] NZHC 540

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-001701 [2013] NZHC 540

BETWEEN  IAN WISHART Plaintiff

ANDCHRISTOPHER ROBERT MURRAY First Defendant

ANDKERRI MAREE MURRAY Second Defendant

ANDDIMENSION DATA NEW ZEALAND LIMITED

Third Defendant

Hearing:         25 October 2012

Appearances: Plaintiff in person

D M Salmon and D Nilsson for First and Second Defendants
H B Rennie QC for Third Defendants

Judgment:      19 March 2013

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 19 March 2013 at 4:00 pm

pursuant to R 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date………………………..

Solicitors:           Lee Salmon Long, P O Box 2026 Shortland Street, Auckland 1140

Fax: [phone] – D Salmon / D Nilsson – Email: [e-mail] [e-mail]

Gibson Sheat, Private Bag 31905, Lower Hutt

Fax: [phone]

Counsel:             H B Rennie QC, P O Box 10242 The Terrace, Wellington 6143

Fax: [phone] – Email: [e-mail]

Copy to:             I Wishart, P O Box 188, Kaukapakapa, Auckland 0843

Fax: [phone] – Email: [e-mail]

WISHART V MURRAY & ORS HC AK CIV-2012-404-001701 [19 March 2013]

Introduction

[1]      The deaths in 2006 of three-month-old twins, Chris and Cru Kahui from non- accidental injuries generated a significant level of public interest.  The babies’ father, Chris Kahui, was acquitted of their murder.  During the trial he suggested that the babies’ mother, Macsyna King, had inflicted the fatal injuries.  Although a coroner later found that the twins had died while in Mr Kahui’s sole care, this suggestion retained some currency in the public arena.

[2]      After the inquest, the plaintiff, Ian Wishart, wrote a book about the case called Breaking Silence.  Ms King collaborated on it.1   When the book’s impending release became known in June 2011 the first defendant, Christopher Murray, established a Facebook page called “Boycott the Macsyna King Book”.  Mr Murray used Twitter to publicise the Facebook page.  He posted comments on Twitter and on the Facebook page criticising Mr Wishart and Ms King.   The second defendant,

Kerri Murray (Christopher Murray’s wife) also posted comments on the Facebook page, as did other, unidentified people.   In addition, Mr Murray made comments about Mr Wishart and Ms King during a radio interview.

[3]      Mr  Wishart  has  sued  Mr  and  Mrs  Murray  and  Mr  Murray’s  employer, Dimension Data NZ Ltd, alleging that many of the comments made via Twitter, on the Facebook page and during the radio interviews, defamed him.  He is claiming a total of $8m.  Mr and Mrs Murray have applied to strike out the statement of claim

either  wholly or  in  part.2      The  approach  to  be  taken  in  determining  strike  out

applications is well settled.3   Only claims that are clearly untenable should be struck out.  The fact that an application gives rise to difficult legal issues does not preclude striking out.

[4]      The statements made by Mr and Mrs Murray are the subject of the first three causes of action and, in part, the fourth cause of action.…