Charmyne Palavi v Queensland Newspapers Pty Ltd & Anor [2011] NSWSC 274

Charmyne Palavi v Queensland Newspapers Pty Ltd & Anor [2011] NSWSC 274

The plaintiff, through counsel, admitted for the purposes of the motion the District Court findings that she had deliberately disposed of and withheld mobile phone material. Those admissions, together with the evidence that these proceedings were in contemplation, established that she intentionally destroyed or made unavailable material likely to be evidence on the truth or falsity of the pleaded sexual imputations. That conduct tended and was intended to pervert the administration of justice, denied the court and defendants knowledge of the true circumstances, and constituted an abuse of process requiring dismissal under Uniform Civil Procedure Rules 2005 Pt 13, r 13.4(1)(c).

Jurisdiction
Australia
Judgment Date
12 April 2011
Procedural Posture
Proceedings for Damages for Defamation / Interlocutory Application by Notice of Motion Seeking Dismissal as an Abuse of Process Under Uniform Civil Procedure Rules 2005 Pt 13, R 13.4(1)(c)
Outcome
Proceedings dismissed as an abuse of process.
Legal Topics
['abuse of Process' 'destruction of Material When Proceedings in Contemplation' 'discovery' 'attempt to Pervert the Course of Justice' 'admissions by Counsel' 'dismissal of Proceedings']
['defamation' 'civil Procedure' 'evidence'] ['abuse of Process' 'destruction of Material When Proceedings in Contemplation' 'discovery' 'attempt to Pervert the Course of Justice' 'admissions by Counsel' 'dismissal of Proceedings']

Case Brief

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Procedural Posture

Proceedings for Damages for Defamation / Interlocutory Application by Notice of Motion Seeking Dismissal as an Abuse of Process Under Uniform Civil Procedure Rules 2005 Pt 13, R 13.4(1)(c)

Legal Issues

  1. 1 ['Whether the plaintiff disposed of an Apple phone and deleted material from another Apple phone with the intention of destroying material potentially usable as evidence in the proceedings.' "Whether the plaintiff's accepted findings from the District Court proceedings could be relied upon as admissions in this application despite s 91 of the Evidence Act 1995." "Whether the plaintiff's conduct amounted to an attempt to pervert the course of justice and an abuse of process." 'Whether the proceedings should be dismissed under Uniform Civil Procedure Rules 2005 Pt 13, r 13.4(1)(c).']

Ratio Decidendi

The plaintiff, through counsel, admitted for the purposes of the motion the District Court findings that she had deliberately disposed of and withheld mobile phone material. Those admissions, together with the evidence that these proceedings were in contemplation, established that she intentionally destroyed or made unavailable material likely to be evidence on the truth or falsity of the pleaded sexual imputations. That conduct tended and was intended to pervert the administration of justice, denied the court and defendants knowledge of the true circumstances, and constituted an abuse of process requiring dismissal under Uniform Civil Procedure Rules 2005 Pt 13, r 13.4(1)(c).

Court Disposition

Proceedings dismissed as an abuse of process.

Orders

  • ['These proceedings be dismissed.' "The plaintiff pay the defendants' costs."]