Palavi v Queensland Newspapers Pty Ltd & Anor [2012] NSWCA 182

Palavi v Queensland Newspapers Pty Ltd & Anor [2012] NSWCA 182

The majority held that the admitted facts, together with the appellant's contemplation of the present proceedings and her prior course of conduct in destroying or deleting relevant material, supported the inference that she deliberately destroyed evidence material to the pleaded defamatory imputations with an intention to impair the court's ability to determine the proceedings on the true circumstances. That conduct amounted to an attempt to pervert the course of justice and an abuse of process, so the primary judge did not err in striking out the statement of claim.

Jurisdiction
Australia
Judgment Date
20 June 2012
Procedural Posture
Appeal in Defamation Proceedings From Strike Out for Abuse of Process / Appeal From Order of Nicholas J Striking Out the Appellant's Statement of Claim; Leave to Appeal Had Been Granted
Outcome
Appeal dismissed with costs.
Legal Topics
['abuse of Process' 'strike Out of Proceedings' 'destruction of Evidence Before Commencement of Proceedings' 'attempt to Pervert the Course of Justice' 'aggravated Damages' 'truth or Falsity of Imputations']
['procedure' 'defamation'] ['abuse of Process' 'strike Out of Proceedings' 'destruction of Evidence Before Commencement of Proceedings' 'attempt to Pervert the Course of Justice' 'aggravated Damages' 'truth or Falsity of Imputations']

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Procedural Posture

Appeal in Defamation Proceedings From Strike Out for Abuse of Process / Appeal From Order of Nicholas J Striking Out the Appellant's Statement of Claim; Leave to Appeal Had Been Granted

Legal Issues

  1. 1 ['Whether proceedings were in contemplation when the appellant disposed of an Apple iPhone on 3 May 2010 and deleted material from another Apple iPhone on 4 May 2010.' 'Whether the admitted facts supported findings that the appellant intended to destroy or render unavailable material before commencing the proceedings.' 'Whether the primary judge erred in finding that the truth or falsity of each imputation was in issue.' 'Whether the destruction or disposal of material had a tendency and was intended to pervert the administration of justice.' 'Whether the primary judge erred in striking out the proceedings as an abuse of process.']

Ratio Decidendi

The majority held that the admitted facts, together with the appellant's contemplation of the present proceedings and her prior course of conduct in destroying or deleting relevant material, supported the inference that she deliberately destroyed evidence material to the pleaded defamatory imputations with an intention to impair the court's ability to determine the proceedings on the true circumstances. That conduct amounted to an attempt to pervert the course of justice and an abuse of process, so the primary judge did not err in striking out the statement of claim.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']