Griffith & Ors v ABC & Anor [2004] NSWSC 582

Griffith & Ors v ABC & Anor [2004] NSWSC 582

Claims in deceit regarding harm to reputation and feelings are not maintainable where such harm is the exclusive domain of defamation, and thus, the deceit claims must be struck out; however, the claim in injurious falsehood may extend beyond pure reputational harm and is not so clearly untenable as to be struck out at this stage.

Parties
First Plaintiff: Jeremy Norman Griffith; Second Plaintiff: Foundation for Humanity's Adulthood; Third Plaintiff: Timothy John Macartney-Snape; First Defendant: Australian Broadcasting Corporation; Second Defendant: David Millikan
Jurisdiction
Australia
Judgment Date
05 July 2004
Procedural Posture
Civil / Interlocutory (application to Strike Out Claims)
Outcome
Plaintiffs' claims in deceit struck out; claim in injurious falsehood not struck out.
Legal Topics
Deceit, Injurious Falsehood, Damages, Malice, Defamation and Defences
Defamation Torts Deceit Injurious Falsehood Damages Malice Defamation and Defences

Case Brief

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Parties

Jeremy Norman Griffith

First Plaintiff

Foundation for Humanity's Adulthood

Second Plaintiff

Timothy John Macartney-Snape

Third Plaintiff

Australian Broadcasting Corporation

First Defendant

David Millikan

Second Defendant

Procedural Posture

Civil / Interlocutory (application to Strike Out Claims)

Legal Issues

  1. 1 Whether claims in deceit can be maintained concurrently with defamation claims where damages sought are for reputational harm and hurt feelings
  2. 2 Whether claim in injurious falsehood should be struck out

Ratio Decidendi

Claims in deceit regarding harm to reputation and feelings are not maintainable where such harm is the exclusive domain of defamation, and thus, the deceit claims must be struck out; however, the claim in injurious falsehood may extend beyond pure reputational harm and is not so clearly untenable as to be struck out at this stage.

Court Disposition

Plaintiffs' claims in deceit struck out; claim in injurious falsehood not struck out.

Orders

  • The claims of the first three plaintiffs in deceit are struck out.
  • Application to strike out claim of injurious falsehood by first plaintiff is dismissed.